Help: My unfair retrenchment case is going to the Labour Court

Posted on:
8 Jun 2016
Category:
Workplace
Posted by:
Shikar Babulall
Occupation:
individual
Region:
kwazulu-natal

ProBonoMaters

I require a lawyer for unfair retrenchment at Labour Court as the Commission for Conciliation and Mediation and Arbitration (CCMA) could not resolve the matter. Please will you kindly assist. I’m currently retrenched. My ex employer offered me one week monetary compensation at the CCMA. I refused and now the matter has gone to Labour Court .

Thank you

Shikar Babulall

2 Responses

  1. PBM_Admin

    Profile photo of PBM_Admin
    Admin

    You could attract more attention with more detail if you will. Try explaining further the nature of your case? Tell us what happened, who, where and how?

    • Shikar Babulall

      In Reply to PBM Admin
      On the 12 of February I received a notification of possible retrenchment letter stating my position is possibly affected. I reacted with a motivational letter stating why I feel I should not be retrenched.
      On my motivational letter I stated that:
      There are currently 4 technicians and of those only 3 work shifts including Saturdays. Also stated that I’m able to assist colleagues on both the normal shift and the night shift with various tasks such as remoting onto external company sites setting up profiles, completing requests from clients as well as updating Apt and troubleshooting incidents externally and within Blake at the same time.
      After submitting my letter I was told I am unsuccessful reason being my position is junior technician
      it has become redundant.
      I would like to know as a skilled IT technician with 9 years experience that meets my job description how can I be a junior and redundant.
      The letter states that Blake proposes a LIFO/Redundancy method and I’m neither the last one in nor am I redundant because Israel does not meet his job description neither does he have any qualifications in IT.
      Majority of the time he does pc movements and cannot complete a task assigned to him on his own often he has to ask colleagues to help him complete task because he does not know how to do them and often it has to get re assigned to someone else to help him because he does not know what to do.
      To me this in totally unfair because I do Pc movements and much more that he cannot do so therefore I feel I been unfairly retrenched by the company. That does not make sense at all.
      The other technician Brad who was actually the last on only has matric with no IT qualification. He stated that they required people with an NQF qualification which I have so why did they retrench me. I believe I was cherry picked and unfairly retrenched .How can you retrench someone that works all the shifts, has IT knowledge and relevant qualifications yet leave people with no qualifications and no IT skill or knowledge.
      So to conclude Blake proposed a last one in 1st one out which was actually Brad and Israel does not have matric or any IT qualifications and IT knowledge he only does pc movements which I do therefore he is redundant. Both of these people don’t have the NQF qualification

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