The health store I've worked in for 16yrs has been put into voluntary liquidation but I have plenty of personal belongings inside and the shop has been sealed off for 3weeks now! Nothing seems to be happening and no feedback even though us as employees are supposed to be preferred creditors. UIF had not been released as yet. I am a professional (a homeopathic doctor) and my tools of my trade incl my original certificates and medicines and a vast collection of books are all in the shop. This is preventing me from moving on as I also want to buy certain items of furniture and stock. I don't have the cash to buy new furniture etc. as my salary was 2mnths behind. I was served a retrenchment letter a few weeks prior to this as my boss of 85 was planning to end the lease at end January 2010. I am the higher earner. He has other businesses as well as a mansion in jhb and a retirement home in Plett. What rights do we have?

You need to find out who is appointed as liquidator, I am sure that the liquidator, once you inform him of the facts will understand the situation and release your property, as same does not seem to form part of the liquidated assests. You do not stipulate whether it was a voluntary liquidation (by the employer) or compulsory (by the court).

Prior to going into voluntary liquidation the employer should have complied with section 189 of the LRA and have consulted with you and the other employees. Diismissals were found to be procedurally unfair where an employer did not comply with Section 189. It might be in your interest to refer the matter to the CCMA on account of the unfairness of the process the employer embarked on.

The CCMA has no jurisdiction to consider the validity of an Compulsory order of insolvency or liquidation (provisional or final) issued by the High Court. The employee’s recourse is to lodge a claim with the liquidators. Any claim brought by an employee to the CCMA would end upon the company or close corporation’s final liquidation.