LEGALLY SPEAKING: Can you contest a retrenchment, demotion or pay cut?

With companies taking austerity measures to stay afloat amid and in the aftermath of the COVID-19 lockdown, find out what your rights are when it comes to your employment prospects with these expert insights. CAN I CONTEST A RETRENCHMENT? Before unpacking this question, it’s important to understand the standard process all employers should follow if they are considering retrenchments. First, your employer’s decision to retrench must be a genuine one, which is based on a commercial rationale, says Rudolf Kuhn, an attorney specialising in labour law. “If the employer’s decision is not based on reasons that are objectively linked to genuine operational reasons, such as the company’s financial difficulties, or a restructuring of the company’s business, then the retrenchment will be substantively unfair,” he adds.