THE FACTS
Prince Tshabalala from Harrismith, Free State said he was employed by Rural Maintenance in 2013. In 2014 he was issued with a transfer letter from rural to Maluti-a-Phofung because the municipality has terminated their contract prematurely.
The municipality took over the employees but refused to take all the employees and some of them were not told if they were going to be employed or not. He said the issue still hasn’t been resolved.
He want to know if he has any recourse.
WHAT I DID
The complaint was sent to Scorpion Legal Protection for professional legal advice.
SOLUTION
Based on his extensive labour law knowledge, the advisor at Scorpion indicated that Prince should have been retrenched for operational reasons as operationally the employer was no longer in a position to render services to the municipality.
The company was thus supposed to follow the retrenchment procedure as set out in the Labour Relations Act.
He said disputes regarding retrenchment should be referred as unfair dismissal cases to the CCMA within 30 days.
However, in this case too much time has passed and it will thus be difficult to convince the CCMA that there are good reasons for the referral being made this late. He unfortunately does not have recourse as he did not make use of his rights in time.
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