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Related South Africa Law Questions
My dad union is going to labour court because the union and
Hi my dad union is going to labour court because the union and employer cant reach an agreement over the retrenchment package, my dad is currently on unpaid leave by the company. Can he accept another… read more
Christiaan K
Christiaan K
LLB
1,162 satisfied customers
I want to know if my dad resigned his union and they are
Hi i want to know if my dad resigned his union and they are busy with retrenchment proceedings, willhe still be liable for his package? … read more
Christiaan K
Christiaan K
LLB
1,162 satisfied customers
I work for a small consulting business, owned by a husband
I work for a small consulting business, owned by a husband and wife in a CC. I have 2 other colleagues. I have worked for the business since its inception on 5 January 2009, i.e. 11 years, one colleague for nearly 10 years and the third colleague for 3.5 years. The owner who works in the business, the husband, decided to reduce his working time and retire when he turns 70 next February 2020. They offered to sell us a percentage of the CC, in equal portions, last December, but for various reasons the process has taken until now and is still not resolved. In July they suggested we 'buy' the business as a going concern, but again, for various reasons, we responded by saying that we would like to buy the trading name only, since the value lies in the name and the billing of fees by my two colleagues, who bill 80% of the fees, for the last 2 years. My question is, if the owners decide to 'close' the business, as an operating consultancy, do you have to retrench us and pay retrenchment packages? Or, if we do buy the name etc., will we need to resign as employees before the close down, end of February, and then be entitled to any leave or leave pay? … read more
Christiaan K
Christiaan K
LLB
1,162 satisfied customers
We a closing down and have advised the staff accordingly
Hi, we a closing down and have advised the staff accordingly that the company will be closing - are you required to pay a "retrenchment" package … read more
CaseLaw
CaseLaw
Attorney
Master's Degree
2,202 satisfied customers
I have been served with retrencement, but the company
Good day, I have been served with retrencement , but the company offered an alternative position - but the problem is that the alternative position is half the pay. Is that considered unfair? … read more
CaseLaw
CaseLaw
Attorney
Master's Degree
2,202 satisfied customers
Good morning. Please could you advise me if I have been unfairly
Good morning. Please could you advise me if I have been unfairly retrenched and if I have a case. I worked at a nursery school as the principal and was told I was on the list to be retrenched. When I … read more
Freddie Lombard
Freddie Lombard
Attorney
Bachelor's Degree
3,377 satisfied customers
Good day I hope I can summarize this sufficiently. 1.
Good day I hope I can summarize this sufficiently. 1. I work in a production company (+- 160 permanent staff) that announced possible closure of business on 5 March 2014. 2. A detailed retrenchment pr… read more
Freddie Lombard
Freddie Lombard
Attorney
Bachelor's Degree
3,377 satisfied customers
At the end of September 2013, all the employees were informed
At the end of September 2013, all the employees were informed by e-mail that the business is closing down at the end of October 2013 and that October 2013 will serve as our notice month. There was how… read more
Barend B.
Barend B.
Master's Degree
1,364 satisfied customers
Hi could you please advise. My dad has been working for a compnay
Hi could you please advise. My dad has been working for a compnay from 1996, without a formal contract, but he received a basic salary of R 25 500 plus company paid for house, electricity and medical.… read more
WCLawyer
WCLawyer
Attorney
Bachelor's Degree
8,904 satisfied customers
Client has terminated contract with my company. Wants to take
Client has terminated contract with my company. Wants to take services in-house. Client has posted vacancies online. MY question is... Is my company required to retrench me at the end of the contract … read more
WCLawyer
WCLawyer
Attorney
Bachelor's Degree
8,904 satisfied customers
Our company has in December proceeded with retrenchments. The
Our company has in December proceeded with retrenchments. The last working day was 14th December. The retrenchments were due to the fact that sales figures were not generating sufficient income to sus… read more
WCLawyer
WCLawyer
Attorney
Bachelor's Degree
8,904 satisfied customers
My employer wants to reduce my salary by 50%, we where in partnership
My employer wants to reduce my salary by 50%, we where in partnership together where had majority shares, we closed that business or merged it with another similar business of his, initially he said m… read more
Bert274
Bert274
Attorney
Master's Degree
648 satisfied customers
Earlier this year, my boss announced his retirement, effective
Earlier this year, my boss announced his retirement, effective December 2011. In July this year, I was advised that I would be working for the Chairman of the company who will be taking up his office … read more
WCLawyer
WCLawyer
Attorney
Bachelor's Degree
8,904 satisfied customers
Dear Sir/Madam, I am in the process of being retrenched. The
Dear Sir/Madam, I am in the process of being retrenched. The Retrenchment date is September 2011. My question to you is: I was offered two options: 1. Early retirement 2. Retrenchment package I obviou… read more
WCLawyer
WCLawyer
Attorney
Bachelor's Degree
8,904 satisfied customers
I am employed in the capacity of a software developer in an
I am employed in the capacity of a software developer in an SME. My boss for the last several months has been threatining to either retrench or fire me. Usually around this time of month he gets reall… read more
WCLawyer
WCLawyer
Attorney
Bachelor's Degree
8,904 satisfied customers
I bought a business earlier this year. I have closed one of
I bought a business earlier this year. It consisted of an art gallery and framing factory. I have closed the art gallery because of financial considerations and no longer require the services of the p… read more
WCLawyer
WCLawyer
Attorney
Bachelor's Degree
8,904 satisfied customers
I have been made redundant in my currant role. I had a choice
I have been made redundant in my currant role. I had a choice of three new roles that I could apply for in my region. They only had two that is available in my city as I am not transferable so I appli… read more
WCLawyer
WCLawyer
Attorney
Bachelor's Degree
8,904 satisfied customers
Please can you help me. I have a staff member who has worked
Please can you help me. I have a staff member who has worked for me for the last 20 years. In March of this year she was diagnosed with cancer and due to this has obviously not been to work. She has h… read more
WCLawyer
WCLawyer
Attorney
Bachelor's Degree
8,904 satisfied customers

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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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