Posted by: Secretary | 2009/02/09

Post to become reduntant - my rights?

Dear Labour Lawyer.

I just heard that my post will be made ' redundant' . They could not tell me when, they will discuss it and let me know next week.

What are my rights in a situation like this. They did say they will ' try'  and put me in one of the other departments, but I will not count on that too much.

Please just let me know what my rights are. I cannot be without a job, I just cannot.

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Our expert says:
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If your post is going to become redundant you have a right to consultation. The right is a difficult one to explore and it is done in terms of Section 189 of the Labour Relations Act. It is suggested that you try and get hold of a labour Consultant or a lawyer.

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.

Our users say:
Posted by: Secretary | 2009/02/11

Thanx for the advice, Boetie. I will keep that in mind.

Keep well. :)

Reply to Secretary
Posted by: Boetie | 2009/02/10

Sorry, I forgot to mention : If U do get retrenched then the company must give U a letter stating your retrenchment + what your last salary was. That U take to the Dept. of Labour + apply for unemployment benefits. Hope it won' t come to that though.

Reply to Boetie
Posted by: Secretary | 2009/02/10

Thank you, Boetie, I will remember that.

Won' t get much of a severance package as I have only been here for two years. So ja, but it is something at least.

Thanx again for your advice.

Keep well!

Reply to Secretary
Posted by: Boetie | 2009/02/10

They cant just pay you off. If there is no other position in the company + they genuinely have to dispense with your post then they must give you a severance package i.e. they must retrench you + pay you a certain amount. Its usually 1 weeks salary for every year that you worked there. Whatever you do DON' T RESIGN. Let them make their move. If you resign - no severance package. Also after retrenching you they can' t just employ some else in that post. If in doubt contact the Dept. of Labour. Good luck.

Reply to Boetie

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