Posted by: DN | 2009-07-01

Retrenchment procedure - latest (Urgent response PLS)

Hi there,
As I said in my previous post, we were told at a staff meeting that 2 people holding particular positions would be retrenched. Bcos it was obvious (out of a team of 14) to tell who those were, my colleauge took voluntary retrenchment . To save one person, we were told that the only way was for each person to take a 6%cut to which only 45% agreed. Bcos there wasn' t a 100% buy, that failed. So my retrenchment was finalised yesterday. They said they' d help with find a job and I told them that at the moment I was facing a personal crisis - going through a divorce and being evicted in 2 weeks! So now they just offered me a job - lower position, I take a 10% cut, and no increase next Feb. Firstly, my thinking is that the retrenchment was not necessary in the first place - my 10% cut is just below R2000. How does R2000 achieve the same cost-saving effect that a 6% cut from 13 other people would have had? Secondly, if the retrenchments were necessary, then clearly they didn' t explore all options bcos why didn' t they think of this before? What do you think? Does this " job preservation"  offer make my case weaker or stronger? I have to give them a response this afternoon so would appreciate your advice asap. Thank you very much for your assistance.

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Our expert says:
Expert ImageLabour lawyer


Normally people are retrenched on the basis of last in first out. It does however appear that they haven't explored all the options and you do have a right. I would sugges that you refer the matter to the CCMA immediately.

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