I have been retrenched 3 weeks before going on maternity leave. I am the only person in the company that is affected. I am sure this constitutes as an unfair dismissal? I am not getting paid maternity leave and i think its going to be difficult trying to find a new job whilst pregnant as i'm sure any potential employee wont be willing to wait 4 months.
What rights do i have? And what type of compensation can I demand?
There is unfortunately no golden rule which states that an employer cannot dismiss you because you are pregnant. However, according to S189(7) of the Labour Relations Act which states as follows:
"The employer must select the employees to be dismissed according to selection criteria-
(a) that have been agreed to by the consulting parties; or
(b) if no criteria have been agreed, criteria that are fair and objective."
This section basically states that the employer must use a fair selection process in order to determine which employees will be retrenched. If you can show that the dismissal was based on unfair selection criteria, then you might have a case. Furthermore I would recommend that you act promptly because your matter has to be submitted to the CCMA within 30 day and that you consult an attorney if you require anymore information.