By sylviahammond, 30 January, 2019

There are a number of reasons - set out in the Labour Relations Act - why employers might contemplate retrenchments, and need to consult with employees.

If there are employees on a Learnership programme that still has months to run, what is the situation if the employee accepts a retrenchment package, and also wants to complete the Learnership?

Completing the Learnership would almost certainly assist a retenched person to find a new job, with their new qualification. So it would be beneficial to the retrenched employee - and the employer would have already paid for the Learnership, so they will get the service that they paid for.

Technically the ex-employee becomes an unemployed 18(2) learner. The legislation requires an employment contract, so the parties could complete a fixed term contract. But if there is no longer the work to do - would the employer need to pay the learner?

Is there any means of applying for an exemption from standard practice? Who would be responsible for an application for such an exception to standard practice? The DoL (infringing BCEA) or the DHET?

Then the training provider would complete the Learnership - are there any implications for assessment, and certification?

If the Learnership was included in a Discretionary Grant as a PIVOTAL programme, what are the implications for the discretionary grant funding?

Interested to hear from experts in our field.


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