Posted by: Comfort | 2018/09/20

Mutual separation

My employer wants to cut some roles due to operational reasons. Was given an option of Mutual separation or go through a recruitment process. We were told that if we do not succeed then retrenchment will kick in. I opted to go through the recruitment process. During the process I was told that I was not successful with my 1st interview, should try the 2nd job available since the other colleague was unsuccessful. Decided to rather check out the Mutual separation option. Was offered a final & full settlement. When I questioned the period I was going to be paid, I’m told that HR has negotiated the best amount and if I want more money, my request will not be successful. What then is mutual about this agreement? What is it that as an employee can I negotiate on when HR already is advising me that I can put my request through but it will not be allowed? What can I do? told to reapply for my position & was advised that I wasn’t successful

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Our expert says:
Expert ImageLabour lawyer
- 2018/09/25

re: Mutual Separation

If an employer has to go through a retrenchment exercise because your position has become redundant then they have to at least give you one months notice and one weeks pay per completed year of service.  If they are offering more than that then that would be termed to be a mutual agreement.  If not then it could be a redundancy after a consultation process.

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