Unfair Retrenchment Referral (Operational Requirements)

You were dismissed because the employer said the job was eliminated — and you believe the process or the selection was unfair.

Forum: CCMA (or Bargaining Council if one covers your sector) — LRA s191 · Your case file: R249 · preview free

How this works

Fill in what the employer told you and what actually happened.
Download the signed referral and the s189(3) disclosure checklist.
Lodge at the CCMA (or your bargaining council) within 30 days of dismissal — the system dates it for you below.
Serve a copy on the employer and keep proof; attend conciliation with your matrix.

A retrenchment is only fair if the employer followed s189 of the LRA: a real operational reason, genuine joint consultation on the mandatory topics, fair and objective selection criteria, and severance pay. This pack drafts your dispute referral plus a consultation-defect matrix you can use at conciliation.

Your full name

Contact number

Email (for your receipt) (optional)

Your address

Employer (registered name)

Employer address

Your job title

Monthly pay in rand before retrenchment

Date you started working there

Approx. how many employees at your site

Date your employment ended

Did the employer pay notice?

What operational reason did the employer give?

What did the employer actually consult on? Tick everything genuinely discussed.

operational reason

alternatives to dismissal

methods of selecting who

timing

severance pay

assistance finding another job

How did the employer choose you? What were the criteria?

What did you propose or ask for during the process? What response did you get?

Severance pay received (rand; 0 if none)

What do you want: severance, compensation, the job back, a fair re-selection?

Your answers are used only to draft your case file on our own servers. We never sell or share them (POPIA-compliant — and we can draft your POPIA complaint too).

No lawyers. No jargon. Citations included.