DISMISSALS BASED ON OPERATIONAL REQUIREMENTS

1. Dismissals must be procedurally and substantively fair

2. The duty to consult

3. The duty to disclose information

4. Who must be consulted

5. The duration of consultation

6. Alternatives to retrenchment

7. The decision to retrench

8. Selection criteria

9. The right to severance pay

10. Preference for re-hiring

11. Restructuring for greater profitability

12. Dismissals based on operational requirements by employers with more than 50 employees

13. Transfers as a going concern: Second generation outsourcing