Question: Is it within the law to let employees apply for their jobs when a new structure is introduced in a single department when the company is not in a process of retrenchments. What happens to those who are not successful in the interviews for the new positions? There are no retrenchments in the entire company and no reason was given as to why this particular department.

Answer: If the company is restructuring a department within the company this would normally entail re-allocating tasks and duties and may also include the changing of various positions. However, the company may not make staff simply reapply for a restructured post and then terminate an employees service should they be unsuccessful in that application. All terminations require a just and valid reason and equally a prescribed procedure that needs to be followed. If they are restructuring and downsizing then they would have to follow a retrenchment procedure.

Helpful Resources … Dig Deep