STEPS ON HOW TO CHALLENGE AN UNFAIR RETRENCHMENT:
Step 1. Look at the proposed reason for the retrenchment on the section 189 Notice. Does it make sense to you?
For example if the company says its going through a difficult financial patch but there were new cars bought recently – then that is very suspicious. In other words investigate the reason for the retrenchment against the facts of your case.
Step 2. Offer alternatives to the retrenchment (i.e. working less hours / LIFO / job sharing / working as a consultant) and make sure the company responds to each alternative that you propose with why it cannot be accepted.
Step 3. Always get the meetings in writing. That way you can use it as evidence at a later stage.
The best outcome is to either negotiate for no retrenchment or if that is not possible then a better severance package.
