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Question
Posted by: Johan | 2011/06/04

Unfair Retrenchment

I have been employed at my company since August 2009. On 26 May 2011( our payday, and also after salaries have been paid),my employer came to me in the parking lot after work informing me that my salary was cut by R2800.
I tookthe Friday off to make arrangements with my creditors.
On Tuesday 31 May 2011, she called me into her office, closed the door and told me she is giving me notice due to operational requirements and that my last day will be 30 June 2011.
There has not been any consultation, and nothing has been put in writing. I was fortunate enough to findemployment literally 10 minutes after this, but this employment is on a 3 month contract.
She agreed for me to take the Wednesday off, at which time I made a case atthe CCMA. Upon receiving her notice I got an email from her saying we can decide ona mutual time for me to come in and pick up my belongings.
The following day (Thursday), I got an email from her saying she noticed I''m not at work and what are my reasons, at which time I replied as per heremail we must decide on a mutual time for me to come in.
What are my rights here and what can I claim?

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Our expert says:
Expert ImageLabour lawyer

re: Unfair Retrenchment

An employer cannot by law merely cut your salary. Further more it looks like the retrenchment is absolutely done incorrectly. You are right, there must be consultation and there must be written notification. You are entitled to go to the CCMA and it is suggested that you get a letter from them telling them that your employer has accused you of not being at work when you were advised that you could go to the CCMA. Your rights are intact and you can refer the matter to the CCMA by filling in a form LRA 7.11

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1
Our users say:
Posted by: Labour Lawyer | 2011/06/09

re: Unfair Retrenchment

An employer cannot by law merely cut your salary. Further more it looks like the retrenchment is absolutely done incorrectly. You are right, there must be consultation and there must be written notification. You are entitled to go to the CCMA and it is suggested that you get a letter from them telling them that your employer has accused you of not being at work when you were advised that you could go to the CCMA. Your rights are intact and you can refer the matter to the CCMA by filling in a form LRA 7.11

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