MISA, on behalf of our members, consulted in numerous retrenchment processes during 2017. In fact, from July 2017 to December 2017 MISA concluded consultations at 52 different Employers and a total of 207 members were eligible for the MISA Retrenchment Benefit after being retrenched. The number is terrifying!
The very first word of advice to you is a word of caution. When you do receive a letter informing you of possible retrenchments don’t jump ship! There is a process set out in the Labour Relations Act 66 of 1995 (LRA) to be followed. Section 189(1) of the LRA instructs as follows: “When an employer contemplates dismissing one or more employees for reasons based on the employer’s operational requirements, the employer must consult… any registered trade union whose members are likely to be affected by the proposed dismissals…”
Contact MISA immediately!
The second word of advice is not to fall in the same trap as so many before you by getting fixated on the monetary value of a severance package should it come to that. Numerous of our members bypassed the consultation process with the assistance of their employer because of the possible payment. Ask yourself the question, will that once off payment sustain you and give you the stability and security crucial in every person’s life. MISA will never know for sure whether your dismissal was really bona fide, that is “without intention to deceive”.
We, MISA on your behalf and your employer, must consult and reach a joint consensus on the following aspects:
Only after the consultation process has been finalised a final decision can be taken! Be good to yourself and please go through the process.
Nitesh Patel, head for group real-estate services at Standard Bank said in a business report published 26 July 2015 that “You can’t do anything about losing a job, but you can do a lot about the way you approach things going forward.”
To read more on Patel’s advice on a way forward, follow this link: https://www.iol.co.za/business-report/economy/facing-retrenchment-make-a-plan-1890219
Remember MISA is just a phone call away!
Tiekie Mocke (Manager: Legal Department)