Facing Retrenchment.

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semisane1987

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Good day
Two months back our HR called us into a boardroom, he informed us the company is going through hard time financially. The company has issued section 189, and those that are called into the boardroom we are affected by section 189. We have opportunity to ask for demotion for entry level job.

Fast forward this was on Friday I went home for weekend, Monday I went to the office to ask more about the entry level job. He told me everything is on hold for now, fast forward I went to him like three times. As I saw he was helping other workers with demotion, sending them to other departments in the company.

He said the head office has not said anything about our category, regarding demotion. He said the following week I must go for portable skill training in case the company goes ahead with retrenchment. In my department the company need to retrench 6 people, 5 agreed to go for portable skill training. None of us were offered the opportunity to take demotion.

Boom this week that colleague of mine in our department, who refused to go for portable skill training he is called in the boardroom forced retrenchment. He bring out the demotion issue HR manager he is surprised, he ask the HR office why he didn't offer my colleague demotion.

The matter is taken to head office, head office respond by saying the is nothing they can do. They thought we were offered opportunity for demotion, the list is out everything is finalised. I too lodged a complain through the union.

Head office said they will give feedback Tuesday, I'm asking legally do I stand a chance to win this if I take this to labour court or I should just walk away if they do retrench me.

It's not like I'm holding a high position I'm just on top of entry level position, I have been with the company for 8 years. Hence I decided to take the demotion it was going to be R1800 difference in my salary.

People who have been with the company for two years were offered, a chance for demotion others took it and others refused are waiting for forced retrenchment. Do you guys think if head office fail to offer me demotion, do I stand a chance at labour court.

I know my english is not that good so please let's not go there.....
 
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This sucks. Sorry man. Can’t advise just sympathize.

It looks like the company wants to retain staff but pay them less! Is this even legal?
 
We didn't mind the demotion we just concern why our category, was never offered demotion while other categories were offered option for demotion. I personally I have being hold that position, for 10 months so I didn't mind going to entry level job.
 
semisane1987 said:
We didn't mind the demotion we just concern why our category, was never offered demotion while other categories were offered option for demotion. I personally I have being hold that position, for 10 months so I didn't mind going to entry level job.
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Is there actual room in YOUR category for demotion?
 
MightyQuin said:
Is there actual room in YOUR category for demotion?
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Yes the is a room for demotion I can be transferred to other department or go back to my old job. If the company can offer upper level categories demotion, why can't we been offered demotion.

I don't know if I should blame the company or HR officer, because HR manager thought we were offered demotion and declined the offer. So I feel someone should explain to us what scale was used, to offer demotion to certain employees and other employees left out of that opportunity.

I have been with the company for 8 years, two of my colleagues have been with the company for 6 years. Another colleague he is been with the company for seven years. So someone need to explain how does the company justify, to give someone with 1 to 2 years in the company demotion.
 
semisane1987 said:
Yes the is a room for demotion I can be transferred to other department or go back to my old job. If the company can offer upper level categories demotion, why can't we been offered demotion.
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That is not what I asked OR what is applicable here.

The other department may be full.
Your old job is filled already.

Is there room in your CURRENT CATEGORY ???
 
It's a big company no other departments are not full. Another lady had the same issue as ours, the union took it to head office she was transferred to other branch. I'm waiting for feedback from head office as I too lodged a complain. I'm just asking if I don't get the respond, I'm expecting can we take this further.

If I accept demotion I'm going to other department, with lower salary difference is R1800 plus some allowances.
 
Sounds like there isn't room for demotion. Think about it. Middle entry workers gets demoted to lower entry workers. Where will the lower entry workers get demoted to. I'm sure the company can't offer everyone demotion. With regards to HR manager knowing. Maybe head office didn't want to tell the HR manager whoses getting a demotion and whoses not.
 
Just this whole thing is complicated the HR officer committed fraud too, by protecting his young/cousin from retrenchment. So I'll hear from the union Tuesday, the is a space for demotion just something must have happened along the way.

Why only one specific category does not get opportunity for demotion, if they can offer a supervisor to go for assistance position from C5 (part of management position) to A4 (entry level position) then someone one must explain how a B2 category can't get opportunity for demotion.

If their explanation make sense I don't mind to walk away. The LIFO (last in first out) people with longer service I feel their are, the ones who should have got the opportunity first for demotion. Before the company offer someone who has been with the company, for 1 year demotion. I don't know about labour law but I feel its fair that way.
 
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Transparency seems to be lacking here, I hope you guys have a proper union, it seems like your HR person is sorting out his favourites first and whoever is left would have to fend for themselves. How were those who got the lower jobs selected?
 
What company is this?

It does sound like hey are trying their best to place affected employees into other positions to avoid retrenchment. Not all positions will be filled so there will be those that are retrenched.

Might be best not to point fingers and take the issue up if you feel aggrieved via your union which is sounds like you have done so.
 
johnjm said:
What company is this?

It does sound like hey are trying their best to place affected employees into other positions to avoid retrenchment. Not all positions will be filled so there will be those that are retrenched.

Might be best not to point fingers and take the issue up if you feel aggrieved via your union which is sounds like you have done so.
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Transparency is the cause of the finger pointing, I also don't know how things work at his company because organised Labour should first be consulted on all matters relating to retrenchment, as long as things are done hush hush in corners there will always be some good reason for finger pointing. Hopefully his union follows up. At my company such matters are dealt with publicly from head office, a mail is sent to all employees from the beginning until the end of the process, it looks to me like his local HR manager is doing his thing and the HQ are also doing their thing.
 
Shi said:
Just curious, what are the terms of retrenchment?
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OP doesn't seem to know himself...

He is just demanding that they give him any other post within the company, regardless if there is one or if he is qualified for that post.

Retrenchment seems to be a challenging concept for him.
 
semisane1987 said:
Just this whole thing is complicated the HR officer committed fraud too, by protecting his young/cousin from retrenchment. So I'll hear from the union Tuesday, the is a space for demotion just something must have happened along the way.

Why only one specific category does not get opportunity for demotion, if they can offer a supervisor to go for assistance position from C5 (part of management position) to A4 (entry level position) then someone one must explain how a B2 category can't get opportunity for demotion.

If their explanation make sense I don't mind to walk away. The LIFO (last in first out) people with longer service I feel their are, the ones who should have got the opportunity first for demotion. Before the company offer someone who has been with the company, for 1 year demotion. I don't know about labour law but I feel its fair that way.
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You have based all your complaints and rhetoric on emotions and not facts.

Fortunately our labor laws are quite clear.

Also:

then someone one must explain how a B2 category can't get opportunity for demotion.
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Did you ever consider that there may not be and posts LEFT TO FILL with demoted B2 people?
 
Yaaaaaay EXCELLENT news semisane1987. So happy for you, now you can enjoy Xmas.

Thanks for letting us know.
 
semisane1987 said:
Update

Head office called me yesterday all is sorted HR manager admit, a mistake happened he did apology he offered me demotion to avoid retrenchment that will happen early next month.
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This really is great news, wow. Congrats!
 
semisane1987 said:
Update

Head office called me yesterday all is sorted HR manager admit, a mistake happened he did apology he offered me demotion to avoid retrenchment that will happen early next month.
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Just a question, how many senior/executive managers took demotions that you know of?
 
AdrianH said:
Just a question, how many senior/executive managers took demotions that you know of?
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None

The is nothing to be happy about I'm happy I still have a job, but deep down I'm sad I got promotion early this year now this. Now I have to adjust my budget, but he said I will get my current salary for six months. Then the assistant salary will kick in after.
 
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