Retrenched while the company keeps hiring
You lost your job as redundant, then saw your old role advertised.
What does it mean if the company keeps hiring after retrenching you?
It can suggest the redundancy given as the reason was not genuine. Retrenchment should reflect a real reduction in need for a role, and selection within it should follow a reasonable method such as Last In First Out.1
A new posting for a role very close to yours, soon afterwards, sits uneasily with that explanation. It does not prove anything alone, but it is a strong part of the wider picture.
How can you tell if the new role matches yours?
Compare the new job description with your former duties and requirements, not just the title. Note how soon after your exit the posting appeared and whether it sits in your old team or department.
Save a copy of the posting, because listings can be edited or removed. Whatever the explanation, the employer must still prove the dismissal was for just cause if you challenge it.2
Who posted it?
A posting from your own former team or reporting line carries more weight than one from an unconnected part of the business. If the company uses a recruitment agency, check whether the agency was given a description close to your old role.
Save any messages with recruiters or the company about the new role, because they can matter later.
What should you do next?
Write down the timeline: the date of your retrenchment and the date the posting appeared. Read about what makes a retrenchment fair to weigh this detail against the wider picture.
If you want a lawyer to act, an employment lawyer can assess whether the new role is close enough to yours to support a challenge. They can take the claim forward if it is.
If your company kept hiring after retrenching you, an independent employment lawyer can review the pattern and handle a claim if the retrenchment looks like a pretext.
For people seeking legal representation. For general information, please use our guides and tools.
First contact: general facts only, such as date, location, employment status and a short summary. Keep documents private until an identified independent lawyer contacts you and specifically requests them.
Common questions
Does hiring for a different department mean my retrenchment was unfair?
Not automatically. Hiring for an unrelated role in another part of the business matters less than hiring for a role very like the one made redundant. The comparison has to be close.
How soon after my exit does new hiring become suspicious?
There is no fixed cutoff, but a posting within weeks for a role similar to yours is worth documenting and raising. The closer in time and duties, the more it matters.
What if the new role has a different job title?
A different title with substantially the same duties is still worth raising, because employers sometimes relabel a role instead of removing it. Compare the job description, not just the title.
Should I apply for the new role myself?
That is your choice. Some workers apply, and that can itself show how similar the roles are.
Sources
- Retrenchment must be for a genuine redundancy, and Last In First Out is the conventional principle for selecting who is retrenched within an affected category. Richard Wee Chambers
- The burden falls on the employer, not the employee, to prove the dismissal was for just cause or excuse. Mah Weng Kwai & Associates
Keep reading
If your company kept hiring after retrenching you, an independent employment lawyer can review the pattern and handle a claim if the retrenchment looks like a pretext.
For people seeking legal representation. For general information, please use our guides and tools.
First contact: general facts only, such as date, location, employment status and a short summary. Keep documents private until an identified independent lawyer contacts you and specifically requests them.