I was employed 5 months ago in a permanent position. About 3 weeks ago my employer told me that everyone in my department is being retrenched due to company restructuring. I was interviewed for this job in December 2016 but I was not told anything about retrenchments which were going to take place. However, the retrenchments were on the table in October 2016. I feel this information was kept from me and I feel unfairly treated. Please advise what steps I can take against my emlpyer for not been transparent with me.
The first question that need to be asked is whether or not you signed any documents? If you were presented with a voluntary retrenchment/ resignation package then your options are limited. That being said you have effectively resigned/ terminated your contract of employment.
The second question is one of numbers, as stated above the entire department will be retrenched. If one or more employees are retrenched then the matter must be heard in the Labour Court.
If you feel strongly about your case then seek legal advice.
I was not presented with a voluntary retrenchment package. i was just notified on 24 July 2017 of impending restructuring with a proposed structure being presented to us. In the proposed structure all positions within my department are being changed in one form or the other. The company has advised that we will all be issued with a section 189 at the end of this week, 18 August 2017.
I would like to know do I have any grounds to take this matter further via CCMA or Labour Court based on the fact that I was not notified of the restructuring (which had commenced October 2016) prior to my appointment in March 2017.