Well the best answer is to simply join MISA and or as a loyal member of MISA immediately contact the “intelligent alternative” to resolve all your labour related problems.
MISA’s intelligent response is:
Section 189A of the LRA states that:
(13) If an employer does not comply with a fair procedure, a consulting party may approach the Labour Court by way of an application for an order –
The employees may bring an application (founding affidavit) to the Labour Court, prior to dismissal, alleging procedural unfairness in terms of s189A (13) of the LRA, in which case the Labour Court may order the employer to follow procedure or restrain the employer from dismissing the affected employees until a fair procedure has been followed.
Section 189A (17) (a) dictates that an application in terms of subsection (13) must be brought not later than 30 days after the employer has given notice to terminate the employee’s services or, if notice is not given, the date on which the employees are dismissed.
Therefore, to protect your rights and interest during this complex mass retrenchment process you need an intelligent alternative on your side MISA.
In a Nutshell: If you are already an intelligent MISA member kindly contact MISA immediately upon receipt of a notice of retrenchment and a MISA Legal Officer will simplify the above process whilst equally protecting your valued right and interest.
MISA is just a phone call away.