Edcon retrenchments. SABC retrenchments. SAA retrenchments. Massmart retrenchments… even retrenchments during lockdown or retrenchments due to riots: examples of company retrenchments in South Africa is endless. A huge of percentage of South Africans now state “I was retrenched” in their CV’s.
Unfair retrenchment; UIF retrenchment status; voluntary retrenchments; involuntary retrenchments; workplace redundancy; temporary retrenchments; from retrenching one employee to mass retrenchments: all aspects and euphemisms that describe staff retrenchment or layoffs in South Africa Labour Law are covered by Section 189 of the Labour Relations Act (S189 of the LRA)
So, apart from examples of retrenchment:
What can an employee do in regards to redundancy and retrenchment?
When the company presents a ‘retrenchment plan’, what does it mean?
How do you go about claiming UIF form a retrenchment?
What are the rules for retrenchment in South Africa?
Downsizing and retrenchment are often seen as the only way a firm can restructure in difficult financial times. However, many firms do not follow the proper procedure; resulting in ‘illegal retrenchments’: forced retrenchments that are unlawful.
If you are retrenched, or getting retrenched, or suspect that an unlawful retrenchment, then these videos should be your starting point: a guide to retrenchment and your rights.
Going to the CCMA
Opening up a CCMA case online
Reasons for retrenchments
Section 189 and you
After the employer has had a chance, it will be your turn. Start with your strongest evidence first. In other words, if you have a witness, call that witness. If you have documentary proof, then hand over the copies.
Always lead with your strongest evidence first. Then building your case on that will be much easier.
Ask questions that will prove your innocence. In other words, choose questions that show your case is true and the employer’s case is false.
Example questions are:
1. How did you know?
2. Why did you assume this?
The majority of disciplinary hearings are won by the employer, because the employee did not prepare enough. In spite of this, if you lose, you can still refer a case to the CCMA.
Legal Leaders has over 8 years’ experience in Labour Law. We specialize in CCMA and Labour Court Cases, and have helped many clients prepare for a disciplinary hearings.
In most of our cases, the other party settles before the case is finalized. Our client’s get their job back or get awarded compensation. Not every case is the same and it depends on the evidence you have and how strong arguments can be made in your case.
The charges can either be dropped, or you may face a dismissal. If you are dismissed, immediately contact us so that we can help you refer your case to the CCMA.
Disciplinary Hearings are usually resolved within a week. However once your case is referred to the CCMA, or Bargaining Council, the process generally 6-8 weeks from the date of referral.
During the consultation, this is what you are guaranteed:
At the end of the consultation, you will feel educated, empowered and most importantly aware of what the next step for your case is.
Attorneys spend a lot of time, effort and money to gain their expertise and knowledge and a good consultation provides the client with valuable information
Some attorneys use consultation fees to determine how serious you are about your case.
Charging for the initial consultation can help us identify people who are simply looking for free advice and not interested in pursuing their case.
In two simple steps:
Step 1: Select your available time and day for the consultation with your Lawyer
Step 2: Confirm your Appointment by making your appointment. All our payments are handled by PayFast – a secure South African payment Gateway with high level bit encryption and protection.
Operational requirements
Presenting your documents
Unfair retrenchment – reasons
Settlement Statements
Keep in mind that a dismissal may affect your ability to gain future employment, apply to schools and even find an apartment. Legal Leaders understands how the CCMA and Labour court system works and helps clients facing disciplinary charges. We know that those who have been dismissed have a lot at stake. That is why we are dedicated to representing our clients.
