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Retrenchment – Getting Worse

Question: My fiance was working for another construction company as a driver so they retrench most of the workers. They only worked from 1- 8 February. We want to know are they right to retrench pupils without notice? What about their monthly salary for these month of February? I want to know if they must pay them full salary or what? He only worked 7 days for the company. Please help us with some information.

Answer:

Cheryl I honestly don’t think that he will have much success in pursuing this matter. I prefer to be honest and realistic than give false hope. Fact-He worked for only 7 days. He was probably never given an employment contract. Fact – they retrenched multiple employees which means his only recourse would be to approach labour court as CCMA will not have jurisdiction. If he was successful in going through the courts ,who by the way have a current 18 month backlog, what do you think he would be awarded for working 7 days? As said previously move on and use this as a lesson.There are procedures that need to be followed for any retrenchment and there may be merit in his bitterness but I believe the reality of the situation will prevail.

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