I took my company to ccma due to procedural unfairness dissmissal and my former HR called me and told me that even if i asked for my job back, they won't allow me to come back as they have already found a replacement for my position. Can the company do that?
why would you want to go back to a company that has dismissed you and outright told you, that they don't want you back and that your position has already been filled.?
your working relationship has already been destroyed as a result of that as well as going to the CCMA.
did you win the matter at the CCMA? if so, surely, you received compensation?
yes, it is the company's prerogative whether to rehire you or to replace you..
I suggest that you start looking for new employment immediately.
We never reached an agreement and so a new date for arbitration was set. My worry is that, this job was paying me quite well and having to take care of my Mum and two sisters it was easy to cover everything in terms of household. I was earning R27500 after deductions and looking at what is out there in terms of the same position, it will be a drastic change for me. The company was offering 6 months salary but i'm afraid that it might take me more than six months to find another job.