I have been working for a company for 4years 7months. I have presented with a retrenchment notice. Consultation is next week. I have been advised that they would like to have this wrapped up by end November. In the severance package they calculated years of services as from 1 November 2008 to date, whereas I initially started working for the company since May 2007 under a labour broker. They ended the labour broker contract in October 2008, in November 2008 we signed new sontracts with the company. Should they not counts that 1year 5months as well in the severance package. Also is my notive pay my November salary because the redundancy date is end December 2011? THey have included my December salary a 13th cheque, but have not shown any leave pay (even though its just a couple of days). Kindly advise what should I be expecting. The Labour Department say they should calculate from May 2007. Your advise is appreciated. Thank you.
I have worked at my company for 11 years. They gave us notice on the 2nd november saying the are closing some of their offices. A week and a half later they said this decision is suspended til further notice. We tender for a government organization, and signed a contract in 2005 for 3 months, while the government decided to stay with us or use a new company. Since then we've still worked. A new company was suppose to take over in february 2011. But we are still working for the same company. Every year for 11 years there's been a 13th cheque in november! This year, 5 days before getting paid we heard rumours we won't be getting a 13th cheque. Upon enquiring we where told "no you won't be getting". This is unfair! And should be illegal! There are incentive bonuses that staff get every month. And supervisor's get a 13th cheque. Other staff still get their incentive bonus but we don't? Can't one fight this?
In terms of the Basic Conditions of Employment Act an employee is entitled to one week of severance pay for each completed year of service. In the circumstances it would seem that one month's salary is more than acceptable.