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DISMISSALS BASED ON OPERATIONAL REQUIREMENTS. This Act defines a dismissal based on the operational requirements of an employer as one that is based on the economic, technological, structural or similar needs of the employer.
For substantive fairness of a dismissal for operational requirements, the employer must prove that the said reason is one based on operational requirements of the business. The employer must be able to prove that the reason for the dismissal falls within the statutory definition of operational requirements.
Definition: Operational requirements are those statements that ?identify the essential capabilities, associated requirements, performance measures, and the process or series of actions to be taken in effecting the results that are desired in order to address mission area deficiencies, evolving applications or threats, ...
Operational reasons means reasons of an economic, technological, structural or similar nature relating to an employer's undertaking, establishment, service or business, or to a part of an employer's undertaking, establishment, service or business; Sample 1Sample 2Sample 3. Based on 3 documents.
THE SECTION 189 RETRENCHMENT PROCESS IN TERMS OF THE LABOUR RELATIONS ACT. Section 189 of the Labour Relations Act (?LRA?) permits employers to dismiss employees for operational requirements. These are defined as requirements based on economic, technological, structural or similar needs of the employer.