Is it an unfair labour practice

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Moderator: Andrec

Posts: 2
Joined: 28 Jun 2016, 10:14

Is it an unfair labour practice

Unread post by fmsimon » 20 Sep 2017, 13:09

Good Day,

I have a client who informed me of the need to retrench one employee. Unfortunately they did not follow procedure and did no form of formal consultation. They told the employee that they needed to find alternative work and that the employee should submit a settlement agreement proposal to the company. The company rejected the settlement proposal of 3 months (voluntary retrenchment) where the employee can leave end September...The company is now asking what they "have to pay" from a legal perspective.

Please could someone advise as to what recourse the employee may have if the employer continues to provide no response to the employee in this regard and what steps should the employer take to rectify their behaviour.

Thanking you in advance

Posts: 423
Joined: 21 Jul 2014, 14:54

Re: Is it an unfair labour practice

Unread post by IRgunther » 05 Oct 2017, 18:16

Good day

I don't understand the question but for what it's worth, the BCEA provides that the employer must pay one week for every completed year's service + the notice period (if it's required that the employee leave early) + statutory monies (outstanding remuneration and accumulated leave).

I hope this helps.

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