Question: I would like to know what may options are, I recieved my letter of retrenchment on the 31st July 2009 with tax directive papers after a dubious consultation process, I was told to sign these documents by Monday the 3rd of August on which we will have another meeting.

On Monday I refused to sign the documents before my attorney had viewed them, my employer became abusive and dismissed me with immediate effect, what are my rights and how should I deal with this?

Answer: Luckily you caught me on the blog hence quick response. Any dismissal needs to follow a process, so you would have had to be given formal charges, been given reasonable time to prepare for the hearing, had a procedurally fair enquiry, given the outcome in writing etc.

If this didn’t happen then your dismissal is termed automatically unfair and carries up to 24 months payout through a successful CCMA claim. Far more than a retrenchment package. Cant advise you further really unless I know the details of the dismissal.

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