The COVID-19 crisis in South Africa has resulted in dramatic changes in employment relationships.

Many companies are forced to consider restructuring or retrenching staff in order to survive.

COVID-19 has made conducting face to face retrenchment consultations impossible in some cases or in others very difficult due to the lockdown and the risks at hand.

In adjusting to our new normal alternative methods of consultation need to be considered and utilised.

The Labour Court in the recent matter of Food and Allied Workers Union (FAWU) vs South African Breweries (SAB)  found that virtual consultations via Zoom is an acceptable means for facilitating retrenchment consultations in the new normal conditions which now exist.

The Labour Court also confirmed that there was no procedural unfairness in retrenchment consultations if the employer proceeded with the process when the employee or trade union refused to participate further in the process.

Clink the link below to download the full judgement.

J435-20 FAWU vs SAB

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