I have been retrenched with no consultation process and no written notices. My employer has said that he was unaware of the requirements. Can ignorance be used as a defence at the CCMA by an employer?
This constitutes unfair labour practice, first and foremost, contact the department of labour in your vicinity and report the matter immediately. Secondly, go to the CCMA and report this to them as well, open up a case with them. All employees that are retrenched are entitled to be paid any over time that they worked, any leave days that are owed to them, one weeks severance pay for every year that the employee has been in service. Please follow the link as it explains the matter further: http://www.labourprotect.co.za/retrenchments.htm as well as all of the other links under retrenchment. report this to the CCMA asap!! Good Luck