IS WORK PERFORMANCE A LEGALLY ACCEPTABLE RETRENCHMENT CRITERION?

[Ivan Israelstam]

The Code of Good Practice on Dismissal Based on Operational Requirements states that criteria used for deciding on who should be retrenched must either be agreed or be fair and objective. The code further provides that criteria that appear to be fair need to be tested to ensure that their implementation does not have a discriminatory effect. Selection criteria generally accepted to be fair include length of service, skills and qualifications. The terminology used here indicates that criteria other than those listed may be used if they are fair and objective.
In the light of the above, under what circumstances, if any, would it be fair to choose employees for retrenchment based on their work performance levels instead of on the listed criteria?

[Michael Bagraim]

Only if agreed or it is part of the retrenchment policy which had been agreed upon employment.

[Author]

Posts