As a new User I wonder if anyone can help me in regard to the above.
I am about to be retrenched (Operational Requirements)
I have 23 years of service with the company which has a mandatory retirement age of 60. On reaching that age, I was offered a one year contract on a straight salary without Pension/Medical Aid.
This is a normal procedure in the company for staff any reaching the retirement age.
The contract has been renewed after the first year I am now nearing the end of my second 1 year contract which ends on 31st December 2008.
I have been advised by our HR/IR that I am only liable for a retrenchment package on the 2 years of service while I was on contract and not on the actual 25 years that I have worked here.
Is this truly the case ??
Secondly, I would have accepted a retrenchment package based on 25 years service had it been offered to me but now I feel that I should wait until my letter of dismissal and then go to the CCMA and open a case of Unfair Dismissal based on a reasonable perception that my contract would have been re-newed.
Can anyone advise on these points ?