Retrenchment advice

Discussion in 'The Sump' started by leslie hempel, 30 Jan 2013.

  1. leslie hempel

    leslie hempel Moderator MASA Contributor

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    Guys as some of you know im heading for "possible" retrenchment, which is really just a formality as i have learnt that there is more than what meets the eye here..

    what im looking for is any advice on what i should be looking to expect package wise..

    i have been with this section of the group since Feb 2008 and i am told to expent 1 weeks salary for every year served and my provident

    anyone got any advice?

    Thanks
     
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  3. RocketRooster

    RocketRooster

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    301 Moved Permanently has all the guides you need and then some.

    All the best! It's not a lekker ordeal.
     
  4. Nemeziz_za

    Nemeziz_za

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    Hey Les,

    A few things here (I'm no expert) but this is what I have understood as some of the steps considerations.

    Qualify a few initial points

    Is it retrenchment or redundancy, they are different.
    What is the companies motivation behind the retrenchments is it
    A) under financial stress
    B) restructuring
    C) how many employees and departments are affected

    Answers to some of the questions above may change the process and the package calculations the company must adopt as we'll as its employee selection criteria.

    As for retrenchment packages they are generally 6 days paid per year of service, included is provident and leave pay.

    All the best

    Regards
     
  5. Dane G

    Dane G

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    Snap Nemeziz za thats kind pf how i understand it. best of luck man
     
    Last edited: 30 Jan 2013
  6. leslie hempel

    leslie hempel Thread Starter Moderator MASA Contributor

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    Shot for the reolies guys..

    The letter i have got states that the company is going through a restructuring phase and this makes my position redundant as they have selected to outsorce what i do...

    im a little pissed as my immediate boss suggested this restructure with a position for me to move to and my MD is not in favour of me doing this, so it has backfired and im the guy who stands to be most effected..

    there are other people from other divisions also undergoing the process but i am the only one undergoing this from the steel division..

    what irritates me is that last year the company HR lady called me in and anounced that they would be putting me on a series of courses to obtain my OH&S training indicating that this is the path i will follow.. Our pervious OH&S guy passed away a few months ago, so there is a position vacant... but it seems the MD does not want to fill this position..

    So im a little confused..
     
  7. seank

    seank

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    Les, your best bet -without costing you a cent- is to go to the CCMA-You have one there- and ask them, they deal with it every day...... At least you will be speaking to people who deals with these stuff on a daily basis.
     
  8. leslie hempel

    leslie hempel Thread Starter Moderator MASA Contributor

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    shot sean......
     
  9. Nemeziz_za

    Nemeziz_za

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    I'd agree with Seank just don't open a case yet, just ask for advice and guidance.
     
  10. leslie hempel

    leslie hempel Thread Starter Moderator MASA Contributor

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    sure thats all im after ... clarity... thanks guys
     
  11. RiaanP

    RiaanP Moderator

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    Do not threaten them with CCMA. Do not mention it at work at all. If solutions are found, and you can move around to another position, the CCMA thing will be negatively against you. Will stain your reputation.

    Get your advise, and use CCMA as a last final resort. If it is very clear that no other solution is offered.
     
  12. leslie hempel

    leslie hempel Thread Starter Moderator MASA Contributor

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    shot.. appreciate the advise Riaan...
     
  13. carlosdeandrade

    carlosdeandrade

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    Shoo, Les I so feel for you, looks like a big catch 22 here. It's always us little guys that take the brunt of decisions while the big hobnobs sit pretty.
     
  14. Nemeziz_za

    Nemeziz_za

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    Les, would be interesting to post an update here on what you find out. Call it information sharing ;)
     
  15. williet

    williet Look at the shiny LEDs!!!

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    Hi Les

    Sorry to hear about your misfortune. I know one thing for a fact is that if they retrench you, no one internally even an outsource situation is allowed. If the retrench you one thing is they must also be able to prove that they did not have another position they could place you in. I think you have a good case at the CCMA just don't mention anything like RiaanP said. Situations like this require the element of suprise rather than knowledge of what is coming so they can plan it out properly. I have done some IR courses and what have seen is that many companies do things quite negligently when dismissing someone. There is a very precise route to follow. Missing even one thing can tilt the balance of probabilities into your side in an arbitration!
    So don't loose your cool or give them any inclination to your plans.
     
  16. Visser

    Visser MASA Contributor

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    Lets just hope your MD is not a MASA member... That would be messed up. lol:whistling:
    But on a more serious note. I hope you succeed in not getting retrenched. Its a real messed up thing & can become very miserable... Best of luck to you leslie
    Been there, done that...
     
  17. Visser

    Visser MASA Contributor

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    good luck
     
    Last edited: 30 Jan 2013
  18. leslie hempel

    leslie hempel Thread Starter Moderator MASA Contributor

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    thanks guys atm on just on a fact finding mission.. will check it out properly before i decide on a route to follow, i appreciate the support shown by all, it is awsome to have you guys encourage me..

    :thumbup:
     
  19. RocketRooster

    RocketRooster

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    Can I have your tank when you have to sell it?
















    *runs and hides*

    Just kidding, just kidding! Fingers crossed it will never come to that!
     
  20. Albert Terego

    Albert Terego

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    Leslie, I agree with Williets post.

    Go along with the flow for now and let things run their course. Companies will inevitably not follow procedures properly, and even more so if they see you as accepting and not likely to challenge them. Then IF the worst comes to the worst the balance of probabilities will likely be in your favour at any subsequent arbitration proceedings.

    Keep copies of any communications sent to you, and keep your own dated records of conversations you have with management detailing what exactly was said, by who and when.

    If you have to go to arbitration all this documentation will be of huge benefit
     
  21. Fred d

    Fred d

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    Hi leslie

    This is terrible but keep the faith ...
    I went through this about a year ago and came out the other side o k .
    We are all keeping you in out thoughts , I am sure ...
     
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