Do you need further help

with problems at work?

   JOBS

 

  
Home    Advice  
 
Labour Protect Advice Forum -> Labour Protect Advice Forum -> Retrench / Operational Economical / Restructure
Post Info TOPIC: Retrench / Operational Economical / Restructure
Anonymous

Date:
Retrench / Operational Economical / Restructure
Permalink   
 

I have been retrenched on the 24th of February. My employer simply entered my office and inform me to follow him to the board room.  There he informed me that i was retrenched.  I can leave any time and can even leave that day it will not influence my February salary.  I had NO idea the company even thought about retrenching any person.  I was shocked, angry and hysterical.  I run to the bathroom... I was vomiting.  I packet my personal belongings.  A friend at work said she will take me to the doctor for a injection to calm me down.  Went to the doctor got the injection and went home.

Everybody I told said it was a Unfair Dismissal.  They should have consulted with me.  I have no idea that there is a lawful procedure for retrenchments.

Just before my employer retrenched me, he had a job interview with a person for a post (not the same as mine but a post i will be able to do). (hour before my retrenchment.)  The person accepted the job offer and started the next Monday.  How can an employer retrench people and employ people the same day?

Last year my employer found out that i am gay (after working 6 years already and have always been gay)

October last year the management informed me that I can not bring a partner to the end year function.  Because of my sexual orientation.  I know this is not in working hours.  But my employer insisted that every employee attend.  So it was compulsory.

I believe that the retrenchment was only a way to get rid of me.  Because my work was of a very high standard.  (I have never received any written warnings in my life).  

There has been employees that should have been retrenched before me (Last in first out) 

I have registered my complaint at the CCMA.  I have a Con / Arb hearing the 27th of March.

 

I want to know what I can expect. I am **** scared.  I feel so intimidated by my x - employer.

Do I have a strong case.  If I win what the possible compensation could be. Because I never want to work of that man ever again.  Please help me to answer my question.



__________________
LP

Date:
Permalink   
 

At con-arb proceedings, the first step is conciliation, where you and the employer will be sat down to see if an alternative arrangement could be made. Should that fail, it will proceed to arbitration. During arbitration, you will have to show that you were dismissed, whereupon the onus is on the employer to show that the dismissal was unfair. If you were not afforded an opportunity to transfer to a different position or to remedy any problem with the relevant operational requirement, it is POSSIBLE that it was unfair. However, that is not to say that the commissioner will arrive at the same conclusion.

 

LP



__________________
Page 1 of 1  sorted by
 
Labour Protect Advice Forum -> Labour Protect Advice Forum -> Retrench / Operational Economical / Restructure
Tweet this page Post to Digg Post to Del.icio.us