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The general requirements for a fair dismissal based on an employer's operational requirements are found in section 189 of the South African Labour Relations Act, 1995 ("LRA"). However, section 189A provides for specific procedures and remedies, should an employer embark on a large-scale retrenchment.

On Tuesday, 20 March 2012 Cabinet approved the submission of the amendment bill for the Labour Relations Act 66 of 1995 ("the LRA") and the Basic Conditions of Employment Act 95 of 1997 ("the BCEA") to Parliament where the bills will be considered by the Portfolio Committee on Labour.