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Freddie Lombard
Freddie Lombard, Attorney
Category: South Africa Law
Satisfied Customers: 2609
Experience:  Practicing attorney and conveyancer with 16 years post article experience.
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I live in South Africa. I have just been on 4 months

Customer Question

Hi There
I live in South Africa. I have just been on 4 months maternity leave. My first day back was this Monday 8th Feb. Apparently in January the company issued section 189's to people. I only received one on Tuesday, I had a consultation today to say my position was made redundant. I just wanted to check what are my rights?
Submitted: 1 year ago.
Category: South Africa Law
Expert:  Freddie Lombard replied 1 year ago.

Hi there

Thank you for your question. I will try to assist you in answering it today but please feel free to ask as many follow up questions as you like until you are 100% satisfied.

The company did not follow the correct procedure with you at least. Before you can retrench employees on the basis of operational requirements they need to follow a consultation process. It seems that they skipped this part as far as you are concerned totally and simply informed you that the decision has been made without allowing you to make any representations and to be included in the consultation process as a whole.

You should refer a dispute of unfair dismissal to the CCMA or relevant bargaining council within 30 days time.

I hope this answered your question.

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Regards