HomeHome SearchSearch MenuMenu Our productsOur products

Can you retrench an employee while she's on maternity leave?

by , 30 July 2015
You own a clothing company that has been facing financial difficulties for months. As a result, you have to retrench a number of employees. But you have a slight problem...

One of the employees you need to retrench is on maternity leave. Her name is Mary. Can you retrench Mary while she's on maternity leave?

The answer is: Yes! You can. Let me elaborate...

You can to retrench an employee on maternity leave

There's nothing in law that prevents an employer from taking this action. But you must, however, have genuine reasons for doing so.
 
You'll also have to allow Mary to state her case. In writing is best, but telephonically is acceptable too.
 
*********** Recommended For You ***************

Turn your computer into a first-rate employee performance review tool!

And transform your employees' quarterly appraisals into something simple, fast and effective

 ******************************************************
 
Also, making sure you comply with the necessary retrenchment procedures is important.

To read more about the retrenchment process, go here.
 

What to do if the employee fights back

Mary might fight back and say your decision is unfair. She might allege that you're retrenching her because she's pregnant.
 
If she does, you must prove that the real reason isn't her pregnancy. 


Related articles




Related articles



Related Products



Comments
0 comments


Recommended for You 

  Quick Tax Solutions for Busy Taxpayers – 35 tax answers at a glance



Here are all the most interesting, thought-provoking and common tax questions
asked by our subscribers over the last tax year – everything from A to Z!

To download Quick Tax Solutions for Busy Taxpayers – 35 tax answers at a glance click here now >>>
  Employees always sick? How to stop it today



Make sure you develop a leave policy to regulate sick leave in your company.

BONUS! You'll find an example of the leave policy and procedure in this report.

To download Employees always sick? How to stop it today click here now >>>
  Absenteeism: Little known ways to reduce absenteeism



This FREE e-report will tell you how you can reduce absenteeism in your workplace while avoiding the CCMA and without infringing your employees' labour rights.

To download Absenteeism: Little known ways to reduce absenteeism click here now >>>
  7 Health & safety strategies to save you thousands



Don't let a health and safety incident cost you one more cent. Implement these seven
strategies in your company today.

To download 7 Health & safety strategies to save you thousands click here now >>>