I am due for an arbitration case. the company i was working for decided to transfer all business and clients to a new company and new owner. Can i refer this to the commisaioner as retrenchment and not unfair dismissal. The process took place 2 weeks after i got notice that i no longer work for the company. Please someone help me with this issue I was never given a reason for dsismisal nor was i given a fai procedure Ken
dismissed without warning or reasons and no procedure ollowed.
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If the company didn't go through a retrenchment process, effectively it was an unfair dismissal, and that's what I'd stick to when lodging the complaint. The commissioner will evaluate the evidence presented and make an award based on the facts of the case.
Ultimately "unfair dismissal" covers a wide variety of sins.Participation is voluntary.
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