Comprehensive Legal Solutions • Since 1993

Retrenchment Lawyers in Johannesburg

Retrenchments are never easy — for employers or employees. Hugh Raichlin Attorneys provides legal guidance through every stage of the Section 189 retrenchment process, ensuring compliance with South African labour law and fair treatment for everyone involved.

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Clarity • Compliance • Confidence

Navigating Retrenchment with Legal Precision

Retrenchment (termination for operational requirements) is lawful only if both procedurally and substantively fair under Section 189 of the Labour Relations Act (LRA). We advise employers on how to implement fair processes and assist employees to enforce their rights.

Learn About Unfair Dismissal →

We Assist With:

Section 189 retrenchment consultations and notices
Voluntary severance agreements
Selection criteria and fair procedure
Severance pay and final settlements
Dispute resolution and CCMA referrals
Structured • Lawful • Transparent

How the Retrenchment Process Works

Our attorneys ensure that every step meets legal requirements and minimises litigation risk.

  1. Consultation Notice – Employer issues written notice inviting employees or union to consult.
  2. Consultation Meetings – Discuss alternatives, selection criteria, severance, and timelines.
  3. Selection & Notice – Apply fair, objective criteria (e.g., LIFO – last in, first out).
  4. Notice of Termination – Formal written notice with severance details.
  5. Dispute Referral (if necessary) – To the CCMA for conciliation and arbitration.
Learn About Workplace Mediation →
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Attorneys with specialist expertise

Our team brings accredited skills across property, family, commercial, labour, and mediation law.

Over 30 Years Of Experience​

Trusted by generations of clients since 1993.

500+ Family & Divorce Cases Resolved

Guiding families through sensitive matters with compassion and clarity.

Reported High Court & Supreme Court of Appeal Judgments

Our cases have shaped South African common law and set lasting precedents.

Compliance • Fairness • Prevention

Helping Employers Conduct Lawful Retrenchments

We guide employers through the legal framework of retrenchment to avoid unfair dismissal claims.

Our Services Include:

  1. Preparing Section 189 notices and documentation
  2. Facilitating consultations with staff or unions
  3. Drafting severance and settlement agreements
  4. Representing employers at CCMA and Labour Court
  5. Incorporating mediation procedures under the High Court’s directive
  6. Learn About Disciplinary Hearings →
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Fair Process • Legal Protection

Protecting Employees Through the Process

Employees facing retrenchment are entitled to consultation, severance pay, and fair procedure. Our team ensures your rights are respected and that employers meet their legal obligations.

We Help Employees:

  • Understand retrenchment notices and timelines
  • Challenge unfair selection criteria
  • Negotiate severance packages
  • Refer disputes to the CCMA or Labour Court
  • Learn About CCMA Representation →
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Procedural Fairness is Essential

Mistakes That Lead to Unfair Dismissal Findings

  • Failing to Consult Properly – Employers must engage meaningfully with staff or representatives.
  • Using Retrenchment to Dismiss Individuals – Disguised retrenchments are automatically unfair.
  • Inconsistent Selection Criteria – Lack of objectivity creates bias.
  • No Written Notice or Severance Agreement – Breaches Section 189.
  • Skipping Mediation – The High Court directive encourages mediation before litigation.
    Mandatory Mediation Explained →
Constructive Dialogue • Lasting Resolution

Mediation Before or After Retrenchment

Mediation reduces the stress and cost of retrenchment disputes by encouraging collaborative problem-solving. The Gauteng High Court’s mandatory mediation directive requires employers and employees to consider this step before litigation.

We Facilitate Mediation To:

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30+ Years • Accredited Expertise • Proven Results

Why Clients Trust Hugh Raichlin Attorneys

With over 30 years of labour law experience, Hugh Raichlin Attorneys provides practical legal support that balances employer needs with employee rights.

  • Accredited Mediators: Qualified under the Gauteng directive for workplace disputes.
  • Balanced Representation: Experience for both employers and employees.
  • Comprehensive Support: From consultation to settlement or litigation.
  • Proven Results: Track record of fair and efficient retrenchment solutions.

Clarity During Transition

Retrenchment FAQs

Fair. Compliant. Compassionate.

Get Expert Guidance for Retrenchment Matters

Whether you’re implementing retrenchment or affected by it, Hugh Raichlin Attorneys offers the legal guidance and support you need for a fair, lawful process.

Schedule a Consultation
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Contact Us

Here\’s how you can contact us for any questions or concerns.

1 The Avenue, Norwood, Johannesburg 2192

011 483 1527

reception@Raichlin.co.za

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