Thanks for taking the time to read this and any advise given would be highly appreciated.
My company has informed me that I will be retrenched on the 1st of December 2014. I'm the Factory Manager at a clothing company. My executive manager and his fiance the HR Manager , who has only been with the company now 3 months, are requesting/instructing me to train them in doing my work for when I get retrenched.
This is not sitting right with me and I'm sure can not be legal ?
How do I refuse this instruction without getting fired ? What are my legal rights in this situation ? Surely if the company wants to save money then it's last in 1st out ?
The criterion for selection in dismissals for operational requirements must be fair and objective. While the "last in first out" criterion is usually considered fair and objective, it is only one of the possible criteria that may be used. The selection criteria and the fairness thereof is dependent on the circumstances.
The retrenchment must be substantively and procedurally fair. Should you feel aggrieved, you can refer the dispute to the CCMA for conciliation or arbitration.
Refer to http://www.labourprotect.co.za/Retrenchments.htm