Posted by: Kasandra | 2008-10-31

Retrenced law?

Hi cybie i was wondering if you or some of the readers could help me about the laws of retrencement, could your boss just rock up at work hand you a letter and say retrenced?

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Our expert says:
Expert ImageCyberShrink

I doubt that he can, but you need a good labour lawyer. lets see what other readers say. Also there should be a free law clinic at your nearest law school. Try CCMA and Dept of Labour, too

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Our users say:
Posted by: case | 2008-10-31

As far as I know he just can' t retrench you without a valid reason. As Cybershrink said, go to the CCMA or try a laywer who specializes in labour law. There are certain guidelines that an employer has to follow otherwise the employer can get into serious trouble and the possibility is then there that he will have to pay more than what he thought or bargained for. First of all he have to give you a written warning and if you don' t adhere to it he then have to have a disiplinary hearing after which he then can decide. If you haven' t done anything wrong the labour law and the labour will be on your side and if it is found that the employer acted incorretly he has to pay up. In any case, if you are rentrenched he has to one month' s salary in advance for you to be able to meet to commitments and to get another job. The CCMA is specificly there to protect the employee against employers who take unnecassary advantage of an employee.

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