Retrenchment (Section 189) Attorneys

When to hire a retrenchment (section 189) attorney

• You have been issued a Section 189 notice and want to challenge the process.
• You are an employer planning retrenchments and need compliant consultation.
• A retrenchment has been announced without proper consultation.
• Selection criteria appear discriminatory or arbitrary.
• You want to negotiate a higher severance package.

What to expect

The employer must issue a written Section 189 notice listing reasons, numbers, selection criteria, consultation method, and severance terms. The consultation must be genuine - not a fait accompli. Employees have the right to make proposals on alternatives (reduced hours, pay cuts, early retirement). Selection criteria must be fair and objective (LIFO, skills, performance). Statutory severance is 1 week per completed year of service.

Typical fees

Individual Section 189 challenge (Labour Court): R50,000-R200,000. Collective Section 189A with facilitation: R100,000-R500,000+. Employer-side compliance advisory: R30,000-R150,000.

Frequently Asked Questions