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Hi, a company employing over 1400 employees needs to reduce
Hi, a company employing over 1400 employees needs to reduce in a department with 25 people, how best could this be done without a formal section 189 process?… read more
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If an SMME of less than 5 people is closing down, which part
If an SMME of less than 5 people is closing down, which part of the provisions for termination is applicable if not sec 189?… read more
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Good day, approximately 2 months ago my husband was advised
Good day, approximately 2 months ago my husband was advised that the company he is working for is entering a joint venture with another company, and that all the staff will be taken over by the new co… read more
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Retrenchment process has been innitiated at my place of employment
Retrenchment process has been innitiated at my place of employment We have been offered a volutenary package with no package detail offered. Alternatively, the process will then continue to the normal… read more
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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
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i have been employed by present employer since January 2008.
i have been employed by present employer since January 2008. Two weeks ago i received an email from them stating that i had been retrenched and should report to head office to finalise my package. Pri… read more
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Good afternoon I own a marketing consulting company and
Good afternoon I own a marketing consulting company and one of my clients is a software house for whom we sell software on a commission only basis. This is a new client and over the last 6 months we h… read more
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Sec 191(12)says a single employee retrenched can refere the
Sec 191(12)says a single employee retrenched can refere the case to either CCMA or LC; if feels that the retrenchment was unfair. When is the employee retrenched as single? Employers tend to say; even… read more
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I need to know if it is allowed for a company to retrench an
I need to know if it is allowed for a company to retrench an employee due to financial constrants - give him his package and then allow him to return to work on a month to month basis. The company wil… read more
JOHANN
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Hi, Our company is closing down on 30 November 2010, and
Hi, Our company is closing down on 30 November 2010, and hence all the employees are being retrenched. We were informed of this on 10 September 2010. My contract of employment states the following: 'T… read more
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The company I work for made a decision on 8 October 2010 that
The company I work for made a decision on 8 October 2010 that 2 of its business units should be merged. The merger will take place on 1 November 2010 and I have been informed that I will be retrenched… read more
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To whom it may concernMy employer informed me yesterday
To whom it may concern My employer informed me yesterday (7 October 2010) that I will be retrenched by 30 November 2010 due to operational and economic reasons. I have been looking for a new job and t… read more
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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
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hi, i am currently on maternity leave. I was called by the
hi, i am currently on maternity leave. I was called by the receptionist on 6sept informing me of a staff meeting with the ceo on 10 sept. I informed her i could not attend as i had educational commitm… read more
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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
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My husband was advised on 11 August 2010 that he was to be
My husband was advised on 11 August 2010 that he was to be retrenched with his final salary being paid at the end of September 2010. He has been employed by the company for 2 years and normal notice p… read more
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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
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My son was called in today and told he has been retrenched.
My son was called in today and told he has been retrenched. He was given a letter which he had to sign. The company says that due to weak economic circumstances, his post is no longer there. The lette… read more
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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).

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