Discussion points:

• What is a section 189 restructuring process?
• Under what conditions may a company restructure?
• Are there different regulations that govern employers who are contemplating small scale (less than 50 employees) and large scale (more than 50 employees) for retrenchment?
• What is the process of implementing a section 189 restructuring?
• What is the difference between requesting a Voluntary Severance Package (VSP) and normal retrenchment, and under what circumstances can a VSP be considered?
• Does redundancy imply retrenchment and if not, what is the difference?
• How does an employer calculate a severance package and how do the tax rules apply for severance packages?
• Does a union have a right to participate in a section 189 process, if there is no recognition agreement with the Trade Union?
• What information must employees receive to remain compliant with the section 189 process?
• How does an employer identify and apply selection criteria for retrenchments?
• When will retrenchment be considered an unfair dismissal?
• What are the implications for an employer if unfair dismissal is the outcome of a CCMA arbitration process?
• What is meant by the term “bumping” in a restructuring process.
• Dealing with distressed employees/ managers faced with retrenchments.  
• Role of leadership during a section 189 process.