South Africa Law

Get your South African law questions answered by Experts

Ask a Lawyer,
Get an Answer ASAP!

HII served a Section 189(3) notice on an employee who was…

Customer Question
HI I served a Section 189(3)...
HI
I served a Section 189(3) notice on an employee who was to be considered for retrenchment.
She announced her "retrenchment" on Face Book 10 minutes later to all her coworkers, who then relayed this info to our customers and suppliers.
This all took place before her first consultation regarding the possible retrenchment.
She now claims that it was ME that did not follow procedure, and that it was ME that disclosed that she had been retrenched BEFORE consultaion took place. She is suing for damages. It basically comes down to my word against hers: I did not EVER discuss her retrenchment with any employees.
Where do I stand on this from a legal point of view.
Submitted: 8 years ago.Category: South Africa Law
Show More
Show Less
Ask Your Own South Africa Law Question
Answered in 30 minutes by:
6/25/2010
Lawyer: Mike Otis, Legal Advisor replied 8 years ago
Mike Otis
Mike Otis, Legal Advisor
Category: South Africa Law
Satisfied Customers: 2,161
Experience: B.Comm; LL.B; LL.M.
Verified
Dear Sir / Madam,

Thank you for your question. In my opinion, the actions of the employee smacks of opportunism. There is no way that she can hold you responsible for something that is entirely her own doing.

Moreover, the onus will be on her to prove, amongst other things, that:
1. She suffered harm;
2. You caused the harm through an act or omission on your part (i.e. disclosing the notice);
3. Your actions were unlawful.

If she cannot prove each of these elements, and it seems she will not be able to, she will not be successful with her action for damages.

I trust you find the above in order.

Yours faithfully,
Ask Your Own South Africa Law Question
Customer reply replied 8 years ago

Can she persue this through the CCMA?

Will I have to call her coworkers who are her Face Book friends and received her "anouncement" as witnesses if she does go to the CCMA?

Lawyer: Mike Otis, Legal Advisor replied 8 years ago
Dear Sir / Madam,

If she has been retrenched, she could choose to refer the matter to the CCMA as an unfair dismissal case.

However, if proper procedures were followed and her dismissal was substantially fair, all she will achieve is to cause you some aggravation and wasted time. If the matter proceeds to arbitration, is advisable to instruct an attorney with labour law experience to represent you.

I trust you find the above in order.

Yours faithfully,
Mike Otis
Mike Otis, Legal Advisor
Category: South Africa Law
Satisfied Customers: 2,161
Experience: B.Comm; LL.B; LL.M.
Verified
Mike Otis and 87 other South Africa Law Specialists are ready to help you
Ask your own question now
Customer reply replied 8 years ago
That is the crux of her argument - that it was not procedurally fair because the retrenchment was public knowledge PRIOR to consultation.
Lawyer: Mike Otis, Legal Advisor replied 8 years ago
Dear Sir / Madam,

If she caused the retrenchment to become public knowledge by referring to it on facebook, she cannot rely on that fact in her claim against you, because that was not something that you did. If necessary, you may have to lead evidence to show that you did not cause the retrenchment to become public knowledge.

I trust you find the above in order.
Ask Your Own South Africa Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Mike Otis Your Own Question
Mike Otis
Mike Otis
Mike Otis, Legal Advisor
Category: South Africa Law
Satisfied Customers: 2,161
2,161 Satisfied Customers
Experience: B.Comm; LL.B; LL.M.

Mike Otis is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

PHINEAS MOTAUNG

PHINEAS MOTAUNG

Attorney

113 satisfied customers

BACHELOR OF LAWS

Emil

Emil

Attorney

33 satisfied customers

BCom Law LLB, 3 years post article experience as attorney

LCP

LCP

Attorney

21 satisfied customers

BCom (Stell) LLB LLM

Freddie Lombard

Freddie Lombard

Attorney

2,811 satisfied customers

Practicing attorney and conveyancer with 16 years post article experience.

Shaie Zindel

Shaie Zindel

Attorney

1,249 satisfied customers

All areas of commercial and contract Law - specialist in property advice.

inciteadvisor

inciteadvisor

Commercial Lawyer

814 satisfied customers

B.Com LLB Registered Corporate lawywer

Christiaan K

Christiaan K

226 satisfied customers

Attorney & Director at Lombard Kotze Incorporated

< Previous | Next >

Related South Africa Law Questions
We are a NPO and need to retrench 4 employees out of a
we are a NPO and need to retrench 4 employees out of a workforce of 64. I am looking for an example retrenchment letter … read more
Freddie Lombard
Freddie Lombard
Attorney
Bachelor's Degree
2,811 satisfied customers
We have restructured a factory that manufactures kitchens and
We have restructured a factory that manufactures kitchens and we have no more need for the two representatives that work there. What would be the process of letting them go be and what are the legal a… read more
Mike Otis
Mike Otis
Legal Advisor
Master's Degree
2,161 satisfied customers
An e-mail notification was sent to all employees informing
An e-mail notification was sent to all employees informing them of the Company intention to retrench. About 4 days later only affected employees was issued of section 189 for consultation. It appears … read more
JOHANN
JOHANN
Master's Degree
3,396 satisfied customers
I would like to know the correct procedure to follow to dismiss
I would like to know the correct procedure to follow to dismiss my maid who works for me 4hours a week. Many thanks Kim… read more
Bert274
Bert274
Attorney
Master's Degree
481 satisfied customers
I employed a freelance contractor, the contract lapsed, and
I employed a freelance contractor, the contract lapsed, and we continued without a contract. Because I lost business, I had to scale down on her remuneration from R18500 TCC to R14500. as an sincere a… read more
Bert274
Bert274
Attorney
Master's Degree
481 satisfied customers
I need to retrench my receptionist, due to the poor economy.
I need to retrench my receptionist, due to the poor economy. She has only been with us for 9 months, but received her full leave allowance during the Xmas shut down. I would like to retrench her today… read more
JW Fourie
JW Fourie
Attorney
Bachelor\u0027s Degree
6,698 satisfied customers
Dear Sir / Madam Thank you for the importunity to present
Dear Sir / Madam Thank you for the importunity to present my case. I have some advice from different people regarding my case, but many times I am stumbling upon your website with the realization that… read more
Mike Otis
Mike Otis
Legal Advisor
Master's Degree
2,161 satisfied customers
I have been retrenched from my posisition as Mine Plnner.
I have been retrenched from my posisition as Mine Planner. I have a number of issues. 1. Section 189 - There have been no application made for the permission to retrench employees. The DMR has not bee… read more
JW Fourie
JW Fourie
Attorney
Bachelor\u0027s Degree
6,698 satisfied customers
I recieved a notice of Risk of Redundancy on the 24th March
I recieved a notice of Risk of Redundancy on the 24th March 2011. We had about 5 meetings and received a notice from our line manager stating that the procedure would be completed on the 20th June 201… read more
JW Fourie
JW Fourie
Attorney
Bachelor\u0027s Degree
6,698 satisfied customers
I have 6 staff members that install office furniture for the
I have 6 staff members that install office furniture for the company. They have been with the company for between 10 and 3 years. They all work from 8am until 4h30pm, 5 days a week. Business has been … read more
JW Fourie
JW Fourie
Attorney
Bachelor\u0027s Degree
6,698 satisfied customers
if i want to put off one of my workers due to little or now
if i want to put off one of my workers due to little or now work, do i have to do this in writing and for how long can i put him off.… read more
Mike Otis
Mike Otis
Legal Advisor
Master's Degree
2,161 satisfied customers
I am goin for consultation meeting. What is the procedure at
I am goin for consultation meeting. What is the procedure at the meeting; and what can be brought up at the meeting. Who takes note of the meeting ?… read more
Mike Otis
Mike Otis
Legal Advisor
Master's Degree
2,161 satisfied customers
An employee was hired as the manager of our restaurant for
An employee was hired as the manager of our restaurant for a duration of 5 months.No formal contract of employment was signed.Manager was dismissed on the 22nd March and worked till the end of March a… read more
JOHANN
JOHANN
Master's Degree
3,396 satisfied customers
I want to retrench my domestic worker as we are under debt
I want to retrench my domestic worker as we are under debt review and can no longer afford to employ her. What steps do I need to take?… read more
Mike Otis
Mike Otis
Legal Advisor
Master's Degree
2,161 satisfied customers
Our boss is selling his insurance broking company to another
Our boss is selling his insurance broking company to another broker - he is going to retrench all the staff but he is going to work as a consultant in the new company so that the client base is not lo… read more
JW Fourie
JW Fourie
Attorney
Bachelor\u0027s Degree
6,698 satisfied customers
Employee reaches the retiremend age of 60 according to the
Employee reaches the retiremend age of 60 according to the company policy. A new contract were formulated between the employer and employee for one year, after that year the contract were change to si… read more
JW Fourie
JW Fourie
Attorney
Bachelor\u0027s Degree
6,698 satisfied customers
Hi There Just come out of CCMa arbitration hearing and commissioner
Hi There Just come out of CCMa arbitration hearing and commissioner ruled that case must go to Labour Court because more than one person was retrenched from organisation. Only myself took matter to CC… read more
JOHANN
JOHANN
Master's Degree
3,396 satisfied customers
My business is struggling and I really need to lay most of
My business is struggling and I really need to lay most of my staff off. I believe I have to consult with them before making them redundant to see if there are any alternatives. Can you advise what st… read more
JOHANN
JOHANN
Master's Degree
3,396 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x