What is restructuring?

When does restructuring take place?

Restructuring will most likely take place in cases of operational changes, for example a change in structure (ownership, management, or departments), goals and vision, financial position (the economy, amended legislation impacting on the cost of doing business, entry of competitors into the market, the minimum wage, recent drought, etc.) and technology (progress in terms of new techniques and methods of completing tasks quicker, as well as technological inventions).

Follow the correct procedure

Section 189 of the Labour Relations Act specifies a strict procedure that employers must follow when considering restructuring and/or retrenchment.  Employers must take care to follow this procedure and avoid making any unilateral changes to the employment contract.

Restructuring is a formal consultation process that allows both parties to engage in discussions to consider other alternatives, minimise changes, establish timeframes and reduce the negative impact of restructuring.  The employer should in all good faith keep an open mind throughout the process and seriously consider proposals put forward by employees.  Meetings should be held with all possibly affected employees as well as the trade union where applicable.

Employers should also take note of training as a means to avoid retrenchment.  Where an existing or new position requires a higher performance level or new skills, the employer is obliged to consider any additional training that may assist the employee in achieving the level of performance required.

Communication is key

Sexual harassment is a serious offence and is also deemed a form of unfair discrimination.  The Employment Equity Act (EEA) stipulates that an employer violates the law if he/she fails to take the necessary steps in cases of alleged sexual harassment.  Section 60(3) of the EEA holds an employer liable for the unlawful, discriminatory conduct of its workers.

Sexual harassment violates the following rights of the victim:

• The right to a work environment free from sexual harassment
• The right to be treated with respect and dignity in the workplace
• The right to equality and not to be discriminated against on the grounds of sex

Sexual attention becomes sexual harassment when:

• The recipient has made it clear that the behaviour is not welcome
• The behaviour persists
• The offender should have known that the behaviour was considered unacceptable
• Sexual harassment can occur between any sexes, and is independent of ethnic origin. The employer as well as the employee can be guilty. Even contractors and suppliers do not escape responsibility.

Employers need to put policies and procedures in place to curb this conduct. It must be clear to all employees in the workplace that sexual harassment will not be tolerated, what actions are considered sexual harassment, how it should be reported and how it will be dealt with. An employee who is suspected of being a victim must be reassured that all conversations will be confidential and handled with the necessary sensitivity. In addition to the fact that such behaviour can harm a victim, it can also damage the reputation of the business.