HomeHome SearchSearch MenuMenu Our productsOur products

'My employee refuses to accept an alternative job to retrenchment... What now?'

by , 19 August 2014
Last week, we mentioned that our experts have been inundated with questions from employers who need to restructure their businesses so they can be profitable again.

These questions haven't stopped streaming in. And we welcome the fact that employers want to have the facts before they retrench so they can avoid disputes.

One question we've picked from our experts' big pile comes from a Jo'burg employer who wants to know what the way forward is since her employee refuses to accept an alternative job to retrenchment.

Read on to find out the answer...


*********** Hot off the press ************

 
With 83 forms, 87 templates and 17 checklists at your disposal, NO HR issue, labour query or health & safety concern will ever cause you sleepless nights again

From absenteeism to discipline, hiring and firing, dealing with compensation for injuries in the workplace, the 189 documents you'll find in the A-Z of Master Forms and Templates will show you what you need to do and which forms you'll need to have on hand to deal with every employee issue you can think of.

Click here to read more…
***************************************
 

You must look for alternatives to retrenchment
 

Retrenchment is a sensitive issue. It's for this reason that the Labour Relations Act (LRA) encourages you to look carefully at ways and means of avoiding it.

This could include offering your employee:
 

  • Another job elsewhere in the company or group. You may need to consider offering alternative positions to employees with long service even if that means retrenching other employees who currently occupy those positions.

 

  • A lesser job with a lower package;

 
Now the question is what happens if you offer your employee an alternative job and he refuses to accept it?
 

Here's what to do when an employee refuses to accept an alternative job to retrenchment
 

Your employee isn't obliged to accept an alternative job, but you should offer one anyway.

If he unreasonably refuses an offer of alternative employment, you're not obliged to pay severance pay (Section 41(4) of the BCEA).

Experts behind the Labour Law for Managers Loose Leaf Service say the refusal would generally only be unreasonable if what you were offering was a similar job without loss of pay and benefits.

There you have it. If your employee turns down an alternative job to retrenchment, you don't have to pay severance pay.
 



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 >>>