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Question
Posted by: Concerned | 2009/11/20

Retrenchment

Dear Labour lawyer

My colleague was told this morning that she has been retrenched. Two days ago the entire company(24 employees) received a letter stating that there will be restructuring within the company& retrenchemnts will take place. He then called her in and told her that it would be affecting her. In the same breath they say that alternatively they can offer her a position at the other branch& she has a week to decide if she wants that or if she wants to be retrenched. I find this very suspicious as she is the ONLY one that is being affected by this so called retrenchemnts. Could this be a ploy to get rid of her subtley? Can she contact ccma, will she have a leg to stand on? Please please advise.

Thank you for a very useful forum.

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Our expert says:
Expert ImageLabour lawyer

re: RETRENCHMENT

The issue of retrenchment must be done in terms of Section 189 of the Labour Relations Act. This involves numerous consultations and involves discussions. Your friend can certainly contact the CCMA and she does sound like she has a very strong case.

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2
Our users say:
Posted by: labour lawyer | 2009/11/27

re: RETRENCHMENT

The issue of retrenchment must be done in terms of Section 189 of the Labour Relations Act. This involves numerous consultations and involves discussions. Your friend can certainly contact the CCMA and she does sound like she has a very strong case.

Reply to labour lawyer
Posted by: Anon | 2009/11/21

By law retrenchments should be of last resort and so that is why she is being reintegrated into another branch. If she decline the offer then she should look for another job.

If she is the only one being retrenched / or who' s contractual agreements are being changed and feels that there is fowl play then she must contact the CCMA for an enquiry into the situation.

Reply to Anon

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