Posted by: Confused | 2010/07/26

Unfair dismissal


My boss came to me and told me that he wants me to leave the employ of the company and resign now, becasue in a couple of months they will retrench me along with others in our company.

He told me he cannot work with me anymore and doesnt trust the work I produce for him.

Ive been there 5 years, no disciplinary, no warnings, no nothing ever! Now this all of a sudden out the blue.

I feel totally mistreated and confused about where all of this comes from. Ive got no settlement document yet or any ''legal'' notifications or anything and its been about a week since he came and told me this news.

What rights and recourses do I have?

Thank you

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Our expert says:
Expert ImageLabour lawyer


You certainly should not resign in these circumstances,should your employer wish to take any action then it is up to them. If you feel that you've been unfairly dismissed then you ceertainly have recourse to either approach the CCMA or the Bargaining Council.

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Our users say:
Posted by: Purple | 2010/07/26

Oh, if they do just retrench you without having tried to have discussions with you about it before hand, then you should approach the CCMA.

Reply to Purple
Posted by: Purple | 2010/07/26

Sounds like he either wants to frighten you into resigning or get out of paying you a retrenchment package.

Firstly take yourself and your CV off to some agencies and start buying the newspaper and looking on web sites and applying for all jobs you meet the requirements for and are interested in doing. It takes 6 months to a year of looking before you find work so start now.

Then go to your managers manager and ask what is going on. If s/he can''t tell you, then make an appointment with the HR department. IF there isn''t one, just keep on going higher until you are with the MD.

Also, you need to ask why if your manager had no problem with you for 5 years, you are suddenly a problem and he can''t work with you. surely if this was the case he would have said something to try to resolve the situation long ago.

Reply to Purple

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