My employer is attempting to retrench me. This is obviously due to me requiring to pay me in terms o…
My employer is attempting to retrench me. This is obviously due to me requiring to pay me in terms of the Natioanl Minimum Wage Act. They complied with this after 2 months and a day before a hearing by the CCMA. In the mean time they had issued me with a notice in terms of section 189(3) of the LRA. We had the first meeting during which thet issued this notice. I subsequently replied in writing to this and requested certain documents which they failed to furnish despite a number of requets. I then referred the matter to the CCMA who, after reviewing requested me to apply for arbitration which I did. The employer later requested a second meeting. At this meeting I was issued with a unsigned notice of termination. They did not respond to my suggestions for alternative solutions. However, we had been advised by the CCMA of the setdown date for the hearing. The meeting was adjourned as I suggested, pending the arbitration hearing. This hearing was due to be heard today 24th May
2019 but the employer had applied and granted a postponement. However on the 20th May2019 they issued another notice of termination.
As I am on minimum wage I cannot afford legal representation, I hope that you can answer these two questions for me:
Can the employer issue a notice of termination prior to the arbitration meeting at the CCMA?Is a unsigned notice of termination legal or must it be signed by the employer?
I will be most appreciated if you could naswer these for me.