Another firm merged with our firm. The employees were offered the same benefits and, in most cases, better benefits than they had before. All the employees signed the new employment agreement except one. The reason was that this employee now had to work in our offices that was slightly further away from her home than the previous place of employment. The previous employment agreement states that the employer is entitled to direct where the employee should work. The previous employer directed that the employee should report for duty at our offices. The employee refused stating that she does not have reliable transport to travel the extra distance. We then offered to pay an additional R1 900.00 per month for travel expenses. She again refused. She is now taking us to the CCMA to force us to retrench her. Due to her many years of service, her retrenchment package will be substantial and she wants this "pay-day" rather than resigning and only receiving one months' notice salary. The questions is: Can an employee force an employer to retrench her because she does not want to resign?
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