NUMBER OF EMPLOYEES AFFECTED AND OPERATIONAL REASONS -
Answer✔️✔️-- big and small employers
- large- and small-scale retrenchments
BIG EMPLOYER - Answer✔️✔️-- employs more that 50 employees
SMALL EMPLOYER - Answer✔️✔️-- employer that employs fewer than 50 employees
LARGE-SCALE RETRENCHMENT - Answer✔️✔️-1. employer employs more than 50 but
not more than 200 employees and 10 employees are dismissed; or
2. the employer employs more than 200, but not more than 300 employees, and 20
employees are dismissed, or
3. the employer employs more than 300, but not more than 400 employees, and 30
employees are dismissed, or
4. the employer employs more than 400, but not more than 500 employees, and 40
employees are dismissed, or
5. the employer employs more than 500 employees, and 50 employees are dismissed.
SUBSTANTIVE FAIRNESS - Answer✔️✔️-In context will mean that the employer must
truly have a economical, technological, structural or similar need to dismiss employees.
KOTZE v REBEL DISCOUNT LIQUOR GROUP PTY LTD - Answer✔️✔️-- court should
not "second guess" the employers commercial reasons for taking a specific decision to
retrench employees.
- later decisions courts adopted a stricter approach and held that employers version
would not merely be accepted on face value.
- Court itself should determine whether retrenchment has a reasonable basis and
commercial rationale.
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