WebIn summary, there is no duty on an employer to re-employ a retrenched employee nor is there a duty to enter into an agreement that provides for preferential re-employment. The employer is, however, obliged to discuss the possibility of re-employment during the consultation process. WebJan 10, 2011 · Employees who volunteer to be retrenched may therefore be required to sign a VR agreement in terms of which it is agreed that the employee's employment shall terminate due to the employer's operational requirements and that he/she waives any rights arising from the termination of his/her services.
Is there a duty to re-employ a retrenched employee?
WebApr 19, 2024 · Can a company hire after retrenchment? The agreement to re-employ should include a time frame within which employees will be considered for re-employment, this will protect the employer from an open-ended obligation to re What to do if your employer doesn’t give you a payslip? WebSep 26, 2024 · In a recent unfair dismissal case dealing with whether there is a time limit when rehiring after a redundancy, the Fair Work Commission was satisfied that the Applicant's dismissal was a case of genuine redundancy, despite the company advertising the same role in less than one month. friendship rumi
Is there a duty to re-employ a retrenched employee?
WebRetrenchment is the termination of employment initiated by the employer through no fault of and without prejudice to the employees. It is an act of the employer of dismissing employees because of losses in the operation of a business, lack of work, and considerable reduction on the volume of his business. WebMay 8, 2024 · Redundancy refers to the condition when the services of an employee are in excess of what is reasonably demanded by the actual requirements of the enterprise or superfluous. It is akin to retrenchment, which is another form of downsizing. There is, however, a crucial distinction — serious business losses is indispensable in retrenchment. WebRetrenchment benefit is given to employees to compensate them for the loss of employment. Who is eligible Employees who have served the company for at least 2 years are eligible for retrenchment benefit. Those with less than 2 years’ service could be granted an ex-gratia payment out of goodwill. Amount of compensation fay mobile hairdresser