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Labour Protect Advice Forum -> Labour Protect Advice Forum -> Retrenchment verses Relocation
Post Info TOPIC: Retrenchment verses Relocation
Anonymous

Date:
Retrenchment verses Relocation
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My company informed the staff of it's intention to close our Pinetown branch in October 2010. Alternative employment was offered to majority of staff at the sister company in Johannesburg, relocation being the modus operandi. I was among the minority and was placed on a "not yet placed" list. Yesterday, 25 February 2011, I was informed of a post available to me in Johannesburg. I'm required to attend a 'one on one' interview on Tuesday 29 February to give notice of my intention to accept or refuse the offer. If I 'unreasonably' refuse I will lose my severence package.
 Although the move from Pinetown to Johannesburg will be paid for, and considering the cost of living in Johannesburg is considerably higher, the renumeration remains the same.
 I would like to know what is deemed reasonable or unreasonable, and how, after 5 months on the 'not yet placed' list, and without time to investigate all ramifications, I'm to provide an answer within 5 days. 



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Labour Protect

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I presume that you have faced your employer by now.

The employer cannot do away with your retrenchment package should you choose not to go for the interview.

The normal rules and procedures with regards to retrenchment would apply.

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Anonymous

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The company deems the offer of alternative employment in Johannesburg to be reasonable. I am required to prove that it is unreasonable. How, I pray, do I do that?

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Labour Protect

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You will have to explain the reasons as to why you deem it unfavourable taking your financial situation / family / relocation into account.

If the employer is set on moving this company to JHB and you fail to agree to the new terms and conditions of your contract of employemtn they may go ahead and retrench you in terms of the operational requirements of the company.

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Anonymous

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 If it be for health reasons that the move to the highveld is ill-advised as per doctors recommendation, and the company is aware of this, can they refuse retrenchment with a package or are they obliged to accept this reason as valid and retrench with a package.
 Going by previous reports this company is loathe to pay packages and will use all methods available within the law to achieve this end.

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Anonymous

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Hi There

My applogies for tagging onto an existing thread, but my issue is along the same lines.

Both myself and my wife work for a company that is closing down the durban branch for financial reasons and we have been offered a position at the Pmb branch, For financial reasons we are unable to relocate, as we were told about the closing down of the durban factory less than a month after we moved into a house we bought. It's a fixer upper which we had planned to fix over the next two years, and are not in a position to fix it on short notice to rent or sell. We also cannot now afford to rent another place in Pmb. My wife also home schools some local children who would be dropped if we moved. A part of the original employement agreement, which they promised but then failed to put in writing, was that I could continue with my freelancing work as a rpogrammer at the factory I managed so long as it did not interfere with my duties.

Now we have been told that we have to resign as he has offered us a position in Pmb.

So my question is do we have to resign? This does not seem fair, as we cannot afford to move and have settled in the town where we live. I would not even mind the fact that there is no 'retrenchment package', but surely at the very least he should give us a letter terminating our services so at least we can claim UIF until we are back on our feet.

Thank you



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