Can You Contest A Retrenchment?

If you’ve been retrenched and question the fairness or legality of the process, it is within your rights to challenge the retrenchment. In South Africa, employees can contest a retrenchment by referring the dispute to the Commission for Conciliation, Mediation and Arbitration (CCMA).

You are eligible to refer a retrenchment dispute to the CCMA in specific situations, such as if the consultation process was not properly conducted and was only applied to you, or if you were the only employee dismissed due to the employer’s operational requirements. Moreover, even if an employer has less than 10 employees, any retrenched employee can approach the CCMA.

It’s crucial to act promptly as there are time constraints for referring disputes to the CCMA. Ensuring you have the right representation is equally important. Burger Huyser Attorneys are specialists in labor law and can assist you in reviewing your retrenchment to ascertain if it has been conducted in line with the fair labor practices required by South African law.

Contact us for expert guidance and representation if you’re considering contesting your retrenchment. Our goal is to ensure that your rights as an employee are upheld throughout the process.