Since the outbreak of the Coronavirus (COVID-19), there has been
much talk about what the new normal will be. The consensus is that
life will never return to what it was prior to the COVID-19. So,
what does this mean for consultations in terms of section 189 of
the Labour Relations Act, 1995 ("LRA")?
This is the issue that the Labour Court had to grapple with in the
recent Labour Court matter of Food and Allied Workers Union
("FAWU") v South African Breweries and
another.
The facts
In January 2020, South African Breweries
("SAB") determined that it was necessary
to restructure its operations, and issued a notice in terms of
section 189(3) of the LRA, commencing consultations. As they had
contemplated large-scale retrenchments in terms of section 189A of
the LRA, a Commission for Conciliation, Mediation and Arbitration
("CCMA") facilitator was appointed to
facilitate the consultations.
