Earlier this year I was put into a disciplinary hearing and found not guilty and a reccomendation was made for a full and final settlement. My employer witheld the findings and called a meeting with their company lawyer suggesting I must resign. I decline. Now my employer is going to retrench me, he with holding my 5 year contract saying it doesn't exist. Yet their is 2 co-signatries. I'm only 10 months at the company. Can my employer pay me out for the remainder of my contrct?
Perhaps refer to http://www.labourprotect.co.za/Retrenchments.htm for more information on retrenchment.
As far as fairness is concerned, any dismissal must be both procedurally and substantively fair - should your retrenchment be finalised, you could refer the matter to the CCMA with regards to substantive fairness, which relates to the reason for the dismissal.