3.3_Case update by Benita Whitcher.pdf

S189A retrenchments
CContinental ti t l Tyres T SA (Pty) (Pt ) Ltd v NUMSA [2008] 9 BLLR 828 (LAC)
• Where consultation ito s 189 had almost reached its conclusion and there had
been no challenge to the substantive reasons for the retrenchment, the ER is not
obliged to halt this retrenchment process and include the workers affected
therein in a section 189A process that unexpectedly arises.
More so, if the ER had not reached the stage of
‘contemplating’ retrenchments when it issued the s 189A
notice.
In these circumstances the ER was not denying the prior
In these circumstances the ER was not denying the prior
affected workers their rights under s 189A, including the right
to strike.