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Question
Posted by: Linda | 2010-03-20

RETRENCHMENT

My company was placed under Judicial management (not sure when). We were told on 26 January ''10, we would not be able to receive a salary and were all sent home, until further notice, as apparently we could not do business under Jud.management. On 26th Feb, the HR manager  the receptionist and I (the buyer) were told verbally we were being retrenched. Another listed company was buying over our company, and didn''t need an HR  Buyer or receptionist. Our HR told me about the one law that says when a company buys over another company to " save"  them, they HAVE to take over ALL the personnel, and thereafter if they want to retrench they can, with full packages. It is now nearly end of March, we have had no salary for Jan &  Feb. We were contacted from the Jud.management and offered 30c in the rand, this week. We were told that the company that bought out our company only bought the plant and building - NOT the personnel. they won''t give me a copy of the sale, so i don''t know. Must i settle for the 30c in the rand. I worked there for 11 years, i feel they owe me quite a bit more than that??? WHAT CAN WE DO?? How much longer can they go without paying us, is this not illegal to keep our salaries and packages for so long?? Please help?

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Our expert says:
Expert ImageLabour lawyer

RE: RETRENCHMENT

Unfortunately when a company is liquidated or placed under judicial management the judicial manager does have the ability to dismiss for operational requirements.

In order to get to the bottom of this it is suggested that you do refer the matter to the CCMA as quickly as possible. You will have to apply for condonation for late filing as it must be referred to the CCMA within 30 days.

The information provided does not constitute a diagnosis of your condition. You should consult a medical practitioner or other appropriate health care professional for a physical exmanication, diagnosis and formal advice. Health24 and the expert accept no responsibility or liability for any damage or personal harm you may suffer resulting from making use of this content.

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Our users say:
Posted by: labour lawyer | 2010-03-29

RE: RETRENCHMENT

Unfortunately when a company is liquidated or placed under judicial management the judicial manager does have the ability to dismiss for operational requirements.

In order to get to the bottom of this it is suggested that you do refer the matter to the CCMA as quickly as possible. You will have to apply for condonation for late filing as it must be referred to the CCMA within 30 days.

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