KNOW YOUR RIGHTS

Q: My boss told me that I’m getting retrenched, and I only have two weeks left at the company. They said I would only receive a full month’s salary. What are my rights?

Advocate Rendani Bvumbi responds: Your employer needs to give you the reasons for your retrenchment, and the most plausible one will be their operational requirements. These are defined as requirements based on economic, technological, structural or similar needs of the employer. These need to be in compliance with section 189 of the Labour Relations Act (LRA) for a company with less than 50 employees and section 189 (A) of the LRA if the company has more than 50 employees. The consultation process in any event of retrenchment takes longer than two weeks,

unless the company is being wound up. Take into account your duration of employment when it comes to how much you will get paid for the notice period.

Employed for less than six months = one week’s notice pay.

Employed for more than six months but less than a year = two weeks’ notice pay. Employed for more than a year = four weeks’ notice pay.

Your severance package must be calculated at one week’s pay for every year served, unless the employment contract stipulates a larger amount. In this case, the larger amount needs to be paid in full. It is also important to note that leave days must be paid. Ensure that you have written engagements with your

employer in the event of any of the abovementioned being openly disregarded. This will come in handy when/should the matter have to be escalated and possibly referred to the Commission for Conciliation, Mediation and Arbitration.