My rights on retrenchment
My employer issued the Cape Town branch with a notice contemplating retrenchment. Saying they are having financial issues and want to close the CT offices. I told them i would take the package but nothing has been signed yet. However, if they are having financial issues, why would they have employed new staff members in the JHB branch? They mentioned that exco has not taken a salary in months (no specific time frame though). My currents duties are not going to stop, they need to be handed over to other employees. I also know that not all the employees are being retrenched in the CT office. I would like to know what my rights are and if this is legal. Kind Regards, Faye Roberts
Hello Faye. Apologies for delay. The Labour Relations Act governs the procedure to be followed in cases of retrenchment. Failure by the employer to do so entitles you to approach the CCMA for relief. For want of space here is a self-explanatory guide to exercising your rights: http://www.labour.gov.za/DOL/legislation/acts/basic-guides/basic-guide-to-retrenchment.
All the best.