Problem: It was indicated in ARM's Sustainability Report (2019) that one of their operations, Nkomati Mine, would be placed on care and maintenance from 30 September 2020 in preparation for closure. As Labour Relations manager, you had to inform management on the most appropriate way of dealing with the affected employees. Provide them with a memo in which you discuss the following important aspects:
Q1. Explain the substantive requirements that should be met to ensure the fairness of these dismissals in terms of the Labour Relations Act 66 of 1995; and indicate whether the dismissals would be regarded as substantively fair. Provide reasons for your answer.
Q2. Explain how these dismissals should be handled by referring to the relevant legal provisions.