Ask an expert
Question

23 Sep 2007

Told being retrenched.....now what?
Hi Expert, I am hoping you can help. I have been with this company for 22 months and was informed last week that my position is being retrenched. They are wanting to split my work up with someone they are going to employ and a consulting firm they have brought in. It seems they are going to only give me the minimum the law allows and wnt me to leave 1 Nov. Other people have been paid their notice and have left straight away. They want me to work my notice in. November means I will have been with the company for 1 month short of 2 years which means according to them I only get 1 weeks salary for the 1 full year that I have worked. They are wanting to offer me a junior position in sales with a drop in salary, which I can not live on. Please can you tell me what my rights are . How much notice do they have to give me? ( They have not as yet given me either package offer either) I am currently in management and I have seen in the past how employees have stepped down from management but still are expected to do some of their duties without renumeration. I have also brought in sales( not my job at present) profits of which have way covered my cost to company. Now that I feel rejected it is time to move on, but what is due to me?
Answer 408 views
Expert
Labour lawyer
Labour lawyer

01 Jan 0001

Companies are obliged, in terms of Section 189 of the Labour Relations Act, to undergo a proper consultation process with you. It appears that they have not done this correctly. Furthermore, they need to offer you the position they have now offered to someone they are going to employ. This is also incorrect. It is suggested that you get hold of a Labour Lawyer to go through all the paperwork and to advise you as to what process you would need to follow in order to claim for the unfair treatment.


MICHAEL BAGRAIM
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 examination, 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.
Voting Booth
Have you entered our Health of the Nation survey?
Please select an option Oops! Something went wrong, please try again later.
Results
Yes
33% - 9362 votes
No
67% - 19324 votes
Vote