CCMA opinions needed: Do we have a valid unfair retrenchment case?

Hi everyone, I’m looking for opinions from people with CCMA/labour law experience.

My mom was recently retrenched and we are trying to understand whether there may be a valid case to take to the CCMA for an unfair retrenchment process. The company recently decided to dissolve the entire department and retrenched everyone in that department.

The timeline:
17 June 2026: She received notice of the Section 189 retrenchment process. (Out of the blue)
Before this notice, there had been weeks of unusual behaviour from management.

During this period, my mom was asked to train other employees and share operational knowledge/processes. She was not told that the purpose of this training was connected to a restructuring where her own department would be removed.

She also provided operational documentation/process information that she later realised was being used to transition responsibilities away from her department.
After retrenchment was announced, she discovered that some of the employees she trained would be taking over responsibilities that were previously handled by her department.

The consultation process felt extremely rushed:
22 June: She interviewed for proposed alternative positions.
24 June: She was informed she was not selected.
26 June: She received the final outcome letter confirming termination due to operational requirements.

The company’s final letter says they considered alternatives, redeployment opportunities, and consultation representations, but she feels the decision had already been made before consultation started.
Another concern is that the company has retrenched roughly 20 people out of a workforce of around 40 over the past year.

The biggest questions we have:
Does this raise concerns about a predetermined retrenchment decision?
Could the fact that she was unknowingly training people to take over duties before being told about retrenchment be relevant?
Does the very short Section 189 process timeline raise procedural fairness concerns?
Would this be worth pursuing at CCMA?

We understand companies can restructure and retrench for operational reasons, but the concern is whether the consultation was genuine or just a formality after the decision was already made.
Any advice or similar experiences would be appreciated.

Posted Jun 26, 2026, 8:58 PM UTC

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