Question:

At the beginning of October 2009 I received a retrenchment letter stating that I have been retrenched due to my position has become redundant, this is after 3 months of consultation with the Union and the CCMA, I have until end of October, thereby my employment will be terminated. Fact: my position has not become redundant as I am training someone else, whose position has actually become redundant and who is going to replace me when I finish off. Is this legal and if not, what legal action can I take thereof.

Answer:

By rights if you are retrenched your position cannot be replaced and if it becomes vacant you should be given first option to reapply. Your recourse because it is retrenchment is via Labour Court. You would have to file the matter through the courts and will have to prove you were replaced immediately.

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