[L105] Unfair reasons for retrenchment: South African Labour Law explained - Video 1 of 2
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- Äas pĆidĂĄn 21. 09. 2020
- How do you check if the company has valid grounds for retrenchment? How do you prove a Retrenchment Case at the CCMA?
In this video we discuss just that. We are a firm of CCMA and Labour Lawyers and we are making these videos to help YOU - the South African Public - know your Labour Law rights.
=== ATTORNEY INQUIRIES ===
CONTACT: Aslam Moolla
EMAIL: Law@legal-leaders.co.za
WEBSITE: www.legal-leaders.co.za/servi...
=== ABOUT ASLAM MOOLLA ===
đŒ Aslam Moolla is a licensed Attorney with a Masters in Law who specializes in Divorce and Labour Law. In 2014, he was awarded the Lexis Nexis Prize by the University of KwaZulu-Natal. Our law office is based in Umhlanga, Durban. We developed this series of videos to show you how to handle yourself in court and achieve the best outcome for your case.
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A friend of mine got retrenched because he refused a salary reduction under a new contract, while the business was doing better financial but told them its for new technology while they are expanding their company
Well very interesting because not to long ago game retailer retrenched employees for not signing a new contract... The company literally told no new contract no employment and their reason was that
section 187 allow the company to do so...long story short now the employees who signed find themselves in trouble because this new contract only benefits the retailer for not he employees signed a contract out of fear of being retrenched. unfair conditions
Hi Mr. Moolla, great content, One question though, What happens if I can prove that I was strategically retrenched?
Morning I hear section 189 what about 191(12)
Thank you for your comment, Themba!
Section 191(12). This section gives a single employee who was retrenched, a choice whether to refer a dispute to the CCMA for arbitration, or the Labour Court for adjudication.
I hope this was helpful!
Hi, can I get retrenched under a LIFO procedure based on my recent promotion whereas Iâve been with the company years before the recent promotion.
Hi, my employer sent me a notice for retrenchment consultation after I took him to the ccma. At ccma he surprised me with a retrenchment offer at conciliation on an unfair labour practice case with a no misconduct suspension. I rejected his offer. I think he wants to turn the illegal suspension into a dismissal. What should I do? Should I attend the fake consultation? I am currently sick and not really up to it??? I am in joburg and really have no funds to even pay for consultation right now. Please help.
Hello Nyan
The first think you need to do is start gathering evidence.
It looks like your employer is trying to strong arm you into accepting an outcome that is actually unfair.
We also recommend that you watch all of the videos of our channel (especially the videos on how to gather evidence).
Once you have this evidence, you can approach your nearest legal aid clinic and show them what you evidence you have. They will go through and advise you.
Note that legal aid is a service offered by the Government where they will be able to assist you for free.
The best option though is to get some proper legal advice by a specialist labour law expert. It is worth the money because your future does depend on it.
If you would like to book an appointment, please email us on: law@legal-leaders.co.za
All the best!
Aslam Moolla
Labour Lawyer
@@legalleaderssouthafricanla7309 Thank you
@@legalleaderssouthafricanla7309 j
Thank you - where are you? I am having an issue.
Hello Clementine -
We offer physical one-on-one appointments at our Umhlanga Office in Durban and also video call appointments via Microsoft Teams or Zoom.
The choice is up to you - whether you would like to meet in person or via a video call.
To book an appointment, please email us on: law@legal-leaders.co.za or visit our website: www.legal-leaders.co.za or call us on 031 942 8863
Speak soon!
Aslam Moolla
Legal Leaders SA
My employer retrenched me to restructure, then advertised my jod and offered it to me at half pay and as a fixed-term contract. Is this legal?
Thank you for your comment!
Retrenchment due to restructuring of the company is permissible, as per section 189 of the Labour Relations Act. Another reason for retrenchment may be economic reasons/hardships.
Please do not hesitate to get into contact with me via our website at Legal Leaders - Moolla Attorneys Inc. for further assistance or information.
I look forward to hearing from you!
hi ,i would like to know how much am i due if i am retrenched for someone cheaper
Hello Ryan
You would be entitled to severance pay (1 week for every completed year of service) and notice pay and your outstanding leave.
If you have any questions, you welcome to contact us on: 031 942 8863
All the best!
Aslam Moolla
Legal Leaders