Reply To: WHAT IS THE EFFECT OF A REPLACEMENT OF A SEC 189 NOTICE ON SEC 189A(1)(a)?

[Patrick Deale]

In my opinion, the literal interpretation is correct: ie if the retrenchment qualified and started as a “large scale” retrenchment in terms of 189A, it should end as a 189A -even if only one or less than 10 employees are retrenched at the end of it. This outcome would mean that the 189A facilitation succeeded in reducing the anticipated “large scale” retrenchment down to a “small scale” retrenchment of only one employee. There would be no need to replace the initial 189(3) with a new one to cite one employee. The process would already have been followed and finalised.