Unfair Retrenchment???

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  • Justloadit
    Diamond Member

    • Nov 2010
    • 3518

    #16
    It is a cruel world out there.
    The way to survive is to find something to do that does not need an employer, or make you indispensable.
    Being self employed is no easier either, your boss (customer) is not of the forgiving kind either, and expects the best service, 24/7 and no cost.
    Victor - Knowledge is a blessing or a curse, your current circumstances make you decide!
    Solar pumping, Solar Geyser & Solar Security lighting solutions - www.microsolve.co.za

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    • HR Solutions
      Suspended

      • Mar 2013
      • 3358

      #17
      perhaps you are rubbing people up the wrong way ....

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      • Greig Whitton
        Silver Member

        • Mar 2014
        • 338

        #18
        Originally posted by Dave A
        The problem is if they do things by the book from a process point of view, and you're going to run a "the real reason is they wanted to get rid of me" bus down the CCMA/Labour Legislation route to get redress, you're going to have to prove that on balance of probabilities (as minimum) that was indeed their motive.
        If the employer was genuinely conniving to get OP out, then there is a good chance that they didn't do things entirely by the book. For example, was a notice of intention to retrench correctly issued? Were all employees consulted? Were reasonable alternatives to retrenchment (e.g. short time) considered? How were employees selected for retrenchment?

        If the employer did attend to all of these responsibilities correctly, then Dave is correct: proving their "real intention" becomes very tricky.

        Founder of Growth Surge - Helping entrepreneurs create more wealth and enjoy more freedom.

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