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Post Info TOPIC: ??? retrenchment
Anonymous

Date:
??? retrenchment
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Hi,

I hope you can help.

Bearing in mind my knowledge of labour law is poor to state the obvious.

Recently my company was the victim of a criminal book keeper, & she has taken ALOT of money which was only noticed recently.

After this the owners started handing out section 189(3) Annexture A and B. Stating a economic crisis. And that this would effect the "sales department" I have worked there for 5 years and year upon year provided the company with a service to the best of my abilities (making them 10 -20 times my salary every month - give or take a month here or there)

Recently there was a new addition (employee) to the company (about7 months ago) who is more qualified then me (They stated -"this is a contract basis"), but in a different sector - marketing as opposed to design/sales (this person is still employed).

As i stated i have worked there for 5 years, never used the phones for personal calls, never so much as got a speeding fine.

One of the owners friends works there making appoximately the same salary as me, but only for a half day and unable to even calculate 2x2.

I have been there the 3rd longest out of a staff of 10 office staff. They also stated "LIFO and skills"

Can they single out a particular group(me & 1 other) based on what they deem the best way to move forward?

If this is so ... what am i entitled to as a retrenchment package?

Hope that makes sense. aww

Thanks.



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Anonymous

Date:
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hi there

With regards to your query, it is the employers prerogative in terms of who to retrench and who not to.. I understand your grievances and how you feel..
on termination of temployment, you are entitled to all over time worked, as well as any leave days that are owed to you as well as one weeks severance pay for every year of service completed. this means that on your last day, apart from what I mentioned above, you should recieve 5weeks severance pay as you have been working there for 5years.
if however you feel aggrieved, as you say and you feel that there is favoritism amongst the selection criteria, you may take it up with department of labour, but remember, whatever you claim, it is up to you to prove that this is infact happening, only if you are able to discharge the onus, will the employer then have to show that those allegations aren't true. again, if you cause an uproar of any sort and you remain there, a very volatile working relationship could ensue..
please follow the links:
http://www.labourprotect.co.za/retrenchments.htm and the links thereunder.

I hope that this helps. good luck!!

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Anonymous

Date:
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it would subsequently appear that the "2" people they were looking at, me being one of them... they are only really looking at me ... even though i am more skilled then my college (within the perameters of what i do) as well as i have worked there longer.

When they make considerations for retrenchments and state "skills" as well as LIFO... are these skills related to what you original employment contracts states or is this a case of well ... billy can also has a background of IT even though it has no relativitly to the reason of employment ?

Sorry its just a very strange situation.

Regards.



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