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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
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QUESTION

Hi, I was on 4 months maternity leave and started work again last week Monday the 25th of June. My boss then said that my tasks has been allocated to 2 new people and that he is making my role in the company redundant. He also said that all staff now need to work from the Cape Town office. (When I started he employed me in Johannesburg). he then said that I can either take a retrenchment package or work full time in my current position for 1 month but then he can only take me on half days with half the salary after that and it will be in a different position. I contacted the CCMA but they were not helpful at all. It is now also the 2nd of July already and I have not received my salary yet and he is making up excuses. Please help!

 
 
ANSWER

This is a very difficult situation in which you find yourself at this time, especially when you have just returned from maternity leave.

Firstly, the fact that you were away on maternity leave should not in any way be taken into account when the organisation makes decisions relating to the issues that you mentioned in your question. It is essential to highlight that the Constitution, 1996 makes it very clear that a woman may not be discriminated against on the basis of her pregnancy. And this therefore means that the company cannot retrench or relocate you because of your pregnancy or because you are away on maternity leave – and if this course of action is being considered, it can only be done after proper discussion and negotiation.

The decision to retrench an individual or relocate a position is however the prerogative of the organisation and they are entitled to make this decision based on specific operational reasons. But, as I noted earlier, there must be proper discussion and negotiation.

One would hope that the matter can be settled amicably, but if the decision is made that you need to leave the service of the company, you can and must negotiate the retrenchment package that may be offered to you. One of the issues that should be carefully negotiated, besides the financial aspect, is the medical aid benefits which you will enjoy after you have left the service of the company (which I trust will not occur). Many companies will provide medical aid cover for a period of time after the retrenchment process has been completed and this can certainly be negotiated with the company.

It is a pity that you were not able to receive assistance, so what I would like to suggest that you should consult a labour lawyer who will be able to investigate your situation fully and then take up your case with the organisation in order to ensure that all your rights have been protected.

Should there be any further questions which might arise as a result of my answer to your questions please do submit another question to the website.

Good luck – I hope that this matter will be finalised to the benefit of all the parties concerned!

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