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Post Info TOPIC: Business Transfer: Dismissal through position redundancy of position
Anonymous

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Business Transfer: Dismissal through position redundancy of position
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Good Day, I have been working for my current company for 7.5 years to date. on the 29th May 2015 we received an email about a Business transfer that may result in dismissal due to this process:"As you are probably aware we are closing current employer down, attached is a letter advising you of Possible Dismissal Due To Operational Requirements, as well as application forms for some position which will be available in the new company which you may want to apply for. 

We will conduct the interviews on Tuesday at current employer, so please ensure I have the application forms back on Monday."

I filled in the application for for the position that i was doing currently and submitted on the 1st June 2015.  On Tuesday the 2nd June 2015 all the directors and bosses came in for a meeting and our interviews were to take place afterwards. This did not take place? we then attended a meeting which followed an email received stating that interviews would now take place on the 5th June 2015:

"Hi Ladies, Sorry that we could not conduct the interviews on Tuesday. Current employer will be interviewing each of you on Friday @ 10:00am."

On the 5th June i was called into a meeting/interview and was told that the new company that was in place is restructuring and that the position i applied for as per my application was as it stands redundant. This was due to the fact that operations would be done by current employees in Durban(New company) and that if there was a position they had available to offer me and if i choose to want that position even if it wasn't what i would be doing now i could apply for it. On Wednesday a union meeting was held with a union Rep and the 4 members that were not successful negotiated a package of retrenchment/Redundancy..

The workers received: 3 weeks for every year they had worked; Bonus pro rata for the year and a full months salary as they were being let go at the beginning of the month as well as their leave pay.  

I have never been in the position of being made redundant or retrenched. I was told in my meeting with the director that all the directors are having a meeting tomorrow 10th June and that I would know what the outcome is with regards to my position if any.

I am not that clear on the procedures and what i need to know about my rights in this process.

If the position offered is different to what i am doing now and the salary is restructured to be unfavorable to me and my circumstances what am I as the employee to do:

Am I able to refuse the position and be retrenched/redundant?

Is my retrenchment package negotiable?

Could I ask for the same package as the workshop staff got that got laid off?

Can they release me from my restraint of trade in my contract?

Do I require representation?

Any suggestions to my situation would greatly be appreciated.

 



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Anonymous

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Employers just seem not to get a retrenchment right!!! For the life of me I do not know why....... Firstly: are you a member of a union? If so, you should approach them.... The process that you explained is not constant with the requirements of retrenchment, once again this is a classic example of a decision foregone reached before consultations was done.... The very fact that you could "apply" for a position is evidence thereof, the employer must provide you with an alternative if any exist and consultation should explore this option, on the same scenario we arbitrated a dispute in this week, also in Durban, and the above became clear.... I would suggest that you seek representation, this matter is to close to you in order to conduct negotiations yourself, there should be a disclosure of information process and further negotiations herein..... There is no such thing as a speedy retrenchment, take time work every thing out. Yes you will be released from your Restraint of trade and yes you can negotiate a better package which the employer may or may not grant. But in essence this procedure is incorrect.... Hope this help... Rautenbach & Associates

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Anonymous

Date:
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Thank you for your advice, i think i will go ahead and seek representation.blankstare



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