Absa employees forced to resign

daveza

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http://www.iol.co.za/business/companies/absa-employees-forced-to-resign-solidarity-1.1294061

Almost 140 Absa employees are being forced to resign from the company in order to circumvent a mass retrenchment, trade union Solidarity said on Thursday.

“Employees at Absa were notified by e-mail this week that they will be retrenched on 9 June. This came in spite of Absa's continued denial that it is carrying out retrenchments,” Solidarity deputy general secretary Dirk Hermann said in a statement.

Absa went even further and sent employees forms with which to resign from the company... we are astounded by the callousness with which Absa is carrying out the process.”

He said the IT employees were escorted out of Absa's offices and sent home for a three-month “gardening leave”. They were told that Absa would consider them for other positions in the company.

'If employees complete and sign this (resignation) form, then it is no longer a case of retrenchment, but of resignation,” Hermann said.

The employees will therefore not be entitled to severance pay or unemployment insurance. From a legal perspective the implication is that someone who worked for Absa for 40 years will be walking away without a cent.

Absa spokesman Zain Khan said the employees were placed on “a three-month re-assignment process”.

“A dedicated... reassignment centre was set up to assist these employees with finding employment elsewhere in the Absa businesses,” he said.

“All options were exhausted and discussions now commenced with those individuals who either opted not to take up available options within the business, or simply could not be placed because their skills did not match available opportunities.”

Khan said Absa was “managing their exit out of the organisation”.

“This does not, in any way, reflect a mass retrenchment exercise, as per our agreement with our recognised labour union Sasbo (SA Society of Bank Officials).” - Sapa

Anyone know if there's any truth to this ?

You can't force someone to resign so as not to pay a retrenchment package !
 
http://www.iol.co.za/business/companies/absa-employees-forced-to-resign-solidarity-1.1294061
Anyone know if there's any truth to this ?
You can't force someone to resign so as not to pay a retrenchment package !
Tricky one, this. Correct me if I missed a step... (PS. I personally do not agree with this!)

- ABSA wanted to cut costs by reducing staff.
- They engaged the union(s) and put a plan on the table.
- Note that it does not require the unions ' approval; the LRA says that they must be engaged and informed.
- ABSA identified the areas where they would cut staff.
- These staff were offered a voluntary package.
- If too few people left, ABSA would identify more staff.
- These staff were offered a package or they could go to a "reassignment centre" for 3 months.
- If they could not be placed elsewhere in ABSA within 3 months, their services would be terminated without a package.
- Per LRA, ABSA has fulfilled their obligation as the employees have served a 3 month notice period.
- No further packages are to be offered, i.e. those 140 employees are screwed.
 
If it's as described, I'm sure the CCMA will find it interesting. I believe that constructive dismissal can attract up to 2 years salary.
The 140 employees will only have a case if they applied for vacant positions in ABSA while they were in the "reassignment centre" and ABSA did not appoint them.
 
I doubt think they'll get away with forcing an employee to resign.

They have the option of retrenching them but then they have to give them a package.
 
I doubt think they'll get away with forcing an employee to resign.

They have the option of retrenching them but then they have to give them a package.
Before commenting I would like to see the actual form that was given to them....

PS. they were offered packages.
 
Even so I've never heard of being forced to sign a resignation letter.

What if they refuse to sign ?
Hence I would like to see that form...

If I understood their process correctly (from a mate of mine at ABSA) - Those employees who did not accept the package were placed in the reassignment centre. The 3 months they could spent there was also their notice period. If they could not find a job after 3 months then ther services were terminated.

This is a standard LRA Section 189 process.
 
You can't force someone to resign so as not to pay a retrenchment package !

Those that want to leave will apply for the retrenchment package. 140 people is really not that many.

The whole issue is being sensationalised! If you are being picked then you might not be that useful.
 
From what I understand from the original articles on ITWeb - ABSA was instant that they were not retrenching, so where would they have offered packages? :confused:
 
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