Karel van der Molen

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Careers Karel van der Molen

Karel is an admitted attorney and a Master Human Resource Practitioner and Registered Mentor with the South African Board for People Practice, having obtained completed various qualifications in law, human resource management and financial services. Read more

Recent Questions
QUESTION

Hi there

I was retrench while I was on maternity leave. Can the company do that? I took them to court but now my lawyer says it is a because of marjoritism. That is why the company has retrench me and that I should pull back my case. Please help!

 
 
ANSWER

This is always a very difficult situation and seems, on the face of it, to be contrary to the Constitution and other legislation.

It must be said, however, that there are circumstances in which a pregnant employee can be retrenched, provided that the matter and the facts have been fully aired and considered.

It would have been good to know in which court this decision was taken and what the process was that was followed in your case.

I must also note that I am somewhat confused by the reasons that your legal team provided to you – I think, as a quick response to your question, that you should obtain a more comprehensive explanation from the attorneys.

I will be happy to provide you with a more comprehensive response to this issue – please do submit another question to the website.

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