Retrenched After 1 week - No process followed

D

Dot2

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Hi Guys

I have unfortunately been retrenched on day 5 of my new job. I was taken out of a permanent job , and retrenched on day 5, with no process. The guy sent me a message saying ill pay you another week and there is no need to come back. So I have opened a case with the CCMA.

I have read that the max compensation for this is 1 year - but the fact that i oly worked there for 5 days - will this limit my compensation to a month or 2?

Any advise would be very appreciated.

Many Thanks
 
Were you doing the same job - did they move you from a full time position to a contractor position ?

I would have a look at the contract though its possible they have a 3 month probation where they can just terminate.
 
Were you in a probationary period? Read your contract - normally contracts have stipulations for immediate dismissal within the first month.
 
Refer to your employment contract and you'll probably find 24hr notice from either party within the first 3 months.

If so take the money. If you resigned from a job to join this one it could be a different story
 
The guy wouldnt give me a contract. and i did resign from another company to join this one. I only have an offer of employement and communication. He tracked me down as i worked with him 10 years ago and he asked to to please cone join him.
 
Hemi300c said:
Refer to your employment contract and you'll probably find 24hr notice from either party within the first 3 months.

If so take the money. If you resigned from a job to join this one it could be a different story
Click to expand...

Incorrect. From the moment a person is hired, they will still need to follow the process as defined in the LRA. It is not possible to just fire people without cause by giving notice.
 
I have a signed document that says he is retrenching me - but no process followed.
 
Dot2 said:
The guy wouldnt give me a contract. and i did resign from another company to join this one. I only have an offer of employement and communication. He tracked me down as i worked with him 10 years ago and he asked to to please cone join him.
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Any other communications / emails / smses is proof of employment. I would still go to the CCMA.
 
No, I moved to a new company and resigned from a permanent position
 
Why did you sign the retrenchment notice and why did you not insist on an employment contract? You have been working for over 10 years and you don't insist on a contract?
 
Ninja'd said:
And off all the places you chose to live in Kraaifontein.
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That's Koelfontein for you! The hottest lasses (volbek) live around there. One visit and you'll be hooked.

OP will find a boyfriend in a heartbeat because she will learn to associate with the trustworthy type (which we are) and not people who deceive her.
 
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