Just found I'm getting retrenched...

Thestealth said:
Thanks for all the kind words guys. I'm starting to update my cv right now. According to what they're offering us, we're going to get one months pay (October) and one weeks salary for every year of service.
Click to expand...

Do you guys getting retrenched have anyone representing you? You do realise that one week's pay for every year's service is merely the minimum?

(10) Employees dismissed for reasons based on the employer’s operational requirements are entitled to severance pay of at least one week’s remuneration for each completed year of continuous service with the employer unless the employer is exempted from the provisions of section 196. This minimum requirement does not relieve an employer from attempting to reach consensus on severance pay during the period of consultation. The right of the trade union, through collective bargaining, to seek an improvement on the statutory minimum severance pay is not limited or reduced in any way.
Click to expand...

http://www.labour.gov.za/legislation/acts/basic-guides/basic-guide-to-retrenchment
 
Thestealth said:
This is what I don't understand tbh. We retrenched in May 2009 and people got 3 months pay plus 1 week for every year in service. When I posed the question earlier, I was told that they can't afford to offer the same payouts.
Click to expand...

Hmm, they may have set a precedent... you may have good cause to call the CCMA and just get some advice. It may take a bit of your time but it may be worth two month's pay.

Also how big is your company as there is legislation relating to how many people are retrenched dependant on the company size.

Oh, and paying you for October is not them being nice. They are obligated to pay you notice pay of four weeks - http://www.labourprotect.co.za/payment_on_retrenchment.htm
 
BS! If they're still making profit, they can afford the 3 months.
 
Thestealth said:
This is what I don't understand tbh. We retrenched in May 2009 and people got 3 months pay plus 1 week for every year in service. When I posed the question earlier, I was told that they can't afford to offer the same payouts.
Click to expand...

Part of the law that was not quoted states (IIRC) that if they can't afford to pay you, they can't afford to pay you
 
Sorry to hear about this.
Yes, agree with Lancelot on this.
Contact the CCMA and see what your rights are!

Dont get into a slump as cerebus said.
Look for jobs ASAP and join a number agencies to get the ball rolling.

And speak to someone, to get this out of your system. Losing your job is a major trauma so it might hit you a bit hard in the next few days.
 
LandyMan said:
Part of the law that was not quoted states (IIRC) that if they can't afford to pay you, they can't afford to pay you
Click to expand...

That part is true but they have to prove it, which is going to be very difficult, the CCMA will not help you they don't have jurisdiction over retrenchment retrenchment falls under the labour courts. Our company tried the can't afford it line with the second round of retrenchments after mine, one letter from a labour lawyer and they changed their tune.
 
Pitbull said:
AFAIK, by LAW if you are dismissed they have to pay you 3 months salary.
Click to expand...

No. If you are dismissed you are payed what you are owed, ie leave pay, bonus pay and notice pay. Nothing more. Thats for a fair dimissal where the ccma dismissal procedure has been followed.

Why should I as the employer be penalised 3 months salary for firing a useless worker?

We answer to Mibco, like CCMA but for the motor industry, and I know there retrenchment is 6 weeks plus an extra week for every year of service, along with leave, bonus, and, where applicable, notice pay.
 
web said:
That part is true but they have to prove it, which is going to be very difficult, the CCMA will not help you they don't have jurisdiction over retrenchment retrenchment falls under the labour courts. Our company tried the can't afford it line with the second round of retrenchments after mine, one letter from a labour lawyer and they changed their tune.
Click to expand...

Some conflicting views on the CCMA and retrenchments online:

http://www.labourprotect.co.za
If you want to challenge the lawfulness of a retrenchment, you should immediately refer this matter to the CCMA for conciliation. You should consider approaching a labour attorney/ expert for assistance to ensure that your rights are protected... (Call Labour Protect on 0860 522687 to arrange to consult with the nearest labour expert on the network.)
Click to expand...

http://www.labourguide.co.za/retrench.htm
In 2002 the LRA was amended and introduced section 191(12). This section gives a single employee who was retrenched, a choice whether to refer a dispute to the CCMA for arbitration, or the Labour Court for adjudication. If more than one employee was retrenched, the CCMA has no jurisdiction – those employees must refer the dispute to the Labour Court.

....

In the light of this judgement it seems to be safer to refer all retrenchment disputes to the Labour Court after conciliation failed.
Click to expand...

The reason I asked about whether the employee's retrenched had any representation is because they could have had the CCMA assist them in the process...

At the coalface of all this activity is the Commission for Conciliation, Mediation and Arbitration (CCMA).

The Labour Relations Act allows employers to dismiss employees for reasons of operational requirements. The law also requires that the CCMA must provide a facilitator to assist with the retrenchment consultations should either party request this.
Click to expand...
 
sorry to hear. a friend of mine was retrenched or rather his contract was not renewed. he got his normal pay plus 1 month's pay. he found a job though... don't let your self to feel down. keep a positive attitude...
 
Hey stealth sorry to hear about this.

Hopefully you find something much better, important thing is to be proactive now.
 
That sucks, and just before Christmas...
Dont worry, you will get something else, probably something better!
 
Chin up!

I got retrenched 7 years ago and it was the kick in the a$$ I needed to start my own business. Just try keep a level head and write down what you want from your next job and go to interviews with this firmly in mind. Know your worth and don't settle.

Good luck!!
 
Good luck in your job search. Retrenchment is not always a bad thing, sometimes you do end up better off than before, but it can be a very distrubing period of your career. I have gone through it twice and each time had a period of broekskeur, but have survived. Dont loose hope, but dont close your eyes to other opportunities outside of what you were doing.
 
Thestealth said:
Just had a session with our HR exec and the rest of them. Found out that I'm being retrenched. Not fncking cool. I don't know how to feel atm. :mad: :eek:
Click to expand...

Have completed courses on accelerated management development, call centre management, project management, etc, etc...
Click to expand...

Those courses sound like ‘big company’ type courses. The only problem with a big company is that you will generally have to kow-tow to an obscenely paid & ignorant AA appointee. You may not have much choice (with your skill set) but you should strive to get out of this NSA trap.
 
Thestealth said:
This is what I don't understand tbh. We retrenched in May 2009 and people got 3 months pay plus 1 week for every year in service. When I posed the question earlier, I was told that they can't afford to offer the same payouts.
Click to expand...

I know this really sucks but it can be a good thing.

The same thing happend to me, my boss gave me one months extra pay and said that I could go when I wanted. I had been there for under a year and there was nothing for me to do.

I managed to find a new job at almost double my salary in under 2 weeks. Perhaps I was lucky but the retrenchment was a good kick in the pants and helped me move up in life. Its 3 years later and i'm now earning 4 times what I was before.

keep your spirits up, this has nothing to do with you as a person, its about the company not being able to afford your CTC. Its better to get out before the company goes under and you don't even get a package !

Good luck man !
 
I feel nauseas when I read things like this.:(
Good luck!! I hope you find something better soon!:)
 
Definitely don't just accept what they're offering. It sounds like too little, and companies love to claim they have no money in these situations.
 
You must log in or register to reply here.
Back
Top
Sign up to the MyBroadband newsletter
X