If you’re facing retrenchment in South Africa, it’s crucial to understand your rights under Section 189 of the Labour Relations Act. This act ensures that retrenchment is carried out fairly, without fault of the employee, and with full protection of their rights.
Firstly, employers are required to consult with the affected parties. This could mean discussions with trade unions, workplace forums, or directly with employees. The goal is to reach consensus on minimising dismissals, mitigating effects, and deciding on severance pay.
Employers must disclose all relevant information including the reasons for retrenchment, any alternatives considered, the selection method for dismissals, severance pay, and other support provided.
Your entitlements include a severance package, typically one week’s pay for each completed year of service, payout of accrued leave, and notice pay dependent on the length of service. Additional compensations may cover bonuses and retirement fund contributions.
Employees have the right to make representations during the consultation and can refer disputes to the CCMA under certain conditions, especially if you believe the retrenchment wasn’t carried out lawfully.
Burger Huyser Attorneys is at your service for expert legal advice and support during the retrenchment process, ensuring your rights are fully respected and upheld.
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