Anti-Chris
Expert Member
Hi all.
I hope someone can give me some advice.
On the 14th of June we received a Section 189A notice and were informed that the mine where we work is closing down, but that they will looking at selling the mine to preserve jobs.
On the 30th of June we received a notice that the closure of the mine is confirmed and that we will receive a severance package as per the BCEA. This notice also stated that our last day will be the 11th of August 2017 as per Section 189A(7)(a).
We have 3 meetings with a commissioner of the CCMA and on the last one of 27th July 2017. The labour consultant of the company promised to send us the final agreement by the 31st of July 2017. We never heard from him again until the 8th of August, when he sent us an email to ask for an extension of the process, since there were new developments regarding the company and a potential buyer but that he could not provide us with an end date. I only received this info on the 11th and immediately spoke to all the employees and all of them were against the extension of this process, especially since they could not tell us for how long.
I emailed the consultant informing him that we are against this and also sent him a printout of the email with the signatures of all the employees. I informed him that since the last official notice from the company stated that our termination date will be the 11th of August, we were effectively retrenched should they not send us any other official document. He ignored my emails...
I had to start working at a new employer today, but could not since this matter is not resolved (luckily my new employer understands).
Can I demand to be retrenched with a severance package as per their letter of the 30th of June?
I hope someone can give me some advice.
On the 14th of June we received a Section 189A notice and were informed that the mine where we work is closing down, but that they will looking at selling the mine to preserve jobs.
On the 30th of June we received a notice that the closure of the mine is confirmed and that we will receive a severance package as per the BCEA. This notice also stated that our last day will be the 11th of August 2017 as per Section 189A(7)(a).
We have 3 meetings with a commissioner of the CCMA and on the last one of 27th July 2017. The labour consultant of the company promised to send us the final agreement by the 31st of July 2017. We never heard from him again until the 8th of August, when he sent us an email to ask for an extension of the process, since there were new developments regarding the company and a potential buyer but that he could not provide us with an end date. I only received this info on the 11th and immediately spoke to all the employees and all of them were against the extension of this process, especially since they could not tell us for how long.
I emailed the consultant informing him that we are against this and also sent him a printout of the email with the signatures of all the employees. I informed him that since the last official notice from the company stated that our termination date will be the 11th of August, we were effectively retrenched should they not send us any other official document. He ignored my emails...
I had to start working at a new employer today, but could not since this matter is not resolved (luckily my new employer understands).
Can I demand to be retrenched with a severance package as per their letter of the 30th of June?
