Ccma employer rights is


During the financial year — the CCMA received a staggering dispute referrals. Thus dispute referrals every working day. In short the amendments to labour legislation and with it, the scope of jurisdiction of the CCMA increased exponentially. As a consequence of the introduction of the abovementioned legislative amendments, that came into effect on 1 January the Rules for Conduct of proceedings before the CCMA CCMA Rules have been amended to regulate the amended legislation. The purpose of the amendments to the Rules was to rectify past difficulties as to interpretation and to streamline and expedite CCMA processes. One of the more controversial Rules has always been the Rule


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WATCH RELATED VIDEO: [L127] REINSTATEMENT \u0026 COMPENSATION FOR CCMA UNFAIR DISMISSAL LABOUR LAWYER – SOUTH AFRICA

Resignation


I have a case at ccma and wer discuss with my employer but nothing have done so far i will like the matter be transfer to the abbitration. Hi Monnapule. Thank you for your comment. Please send an email to info randles. Thank you! Please note that our articles are for information purposes only and do not establish a client relationship nor constitute legal advice.

In order to ensure that you receive tailored advice in response to your query, please contact us at info randles. My name is Ntombizodwa Ncube have been working for7years 10months upto date. Hi Ntombizodwa. Would you kindly send your contact details to info randles. Thanks so much.

I would like to ask for help. My wife she has been working for other family as a domestic worker for 5 years but two days ago when we lost a brother and wife in accident she did not go to work for a day and give an excuse. By the following day she went to work and get fired and given two weeks pay the money she has worked for. We tryd to ask what went wrong she broked us on whatsaap. How can get help? Hi William. Please can you email info randles. Alternatively please send us your contact details in order for us to chat to you.

The Randles team. Hi,my name is Michael,im engaged with a company from the 11 of November to date, appointed as customer service team member Cashier yet doing the duties of a Shift supervisor which am not even paid for ,being promised to be appointed as shift supervisor after 6 months,cause im a qualified experienced restaurant manager. Now on the the 10 of April i received a notice,notifying me that i am transferred from a position of cashier to Shift supervisor as promised,and the following month i will get paid shift supervisor job,but come pay date for May nothing changed,still got paid as a cashier ,even my title never changed.

When i approached the Area coach to inquire,he presented me with a notice of demotion. Is the this fair labour practice???? Can i refer the case to CCMA or not? I feel like these conditions are no longer making it convenient for me to stay in this employment relation. Please advise me. Hi my is Nokubonga Mvumbi. ID nmbr Contact nmbr is Please note that our articles are for information purposes only and to do not establish a client relationship nor constitute legal advice.

In order to ensure that you receive tailored advice in response to your query, please contact us to make an appointment with one of our legal practitioners who will assist further. Hi Jan. Kindly send a mail to info randles. Hi my name is Walter Kekana I worked at clicks for 5years Nd I resigned on July Nd yet they never paid me my package…am calling them each day asking about my paperwork they telling me they will call me they are busy with it and they do keep their promise..

Hi my name is sindisiwe I work for a security company as a controller I got employed on the Hi my name is Omphile, I was contracted on a FTC for more than 18 months, i was actually acting on a post and after 18 months the post was advertised and i applied but was told that i do not qualify, for the same post and work i have been doing for 18 months.

All this simply started as a one month contract and they kept renewing it until the post was advertised and that was after 18 months… what does the labour law say about contracting for more than 6 months. My name is Patricia Mareya I worked as a Seamstress for 6years at Haute Rizell and i was being underpaid, unpaid leave, no off days,or sick leave no martenity leave and I was unfairly dismissed Can u pliz help me I wanted to go to CCMA bt they closed due to Corona virus, can u pliz send me the forms to fill in.

I was moved from jhb to Palaborwa to work there as a mechanic.. On the 22nd of March I was asked by the company to go to bakubung platinum mine to assist with the new tonly trucks. Then I had to come back on the Lockdown got me in jhb then I had to stay because the company was also shutting down. They told that we going to work home using our phone I was sent the app and downloaded it 2days down the line my phone got broke.

My HR call my mom it was on Tuesday if not mistaken to tell her that she will come with police to get the car. Please help me this is my first work I have never experienced such situation. I just want to ask something about ur services are they for free bcoz i cant afford the payments,I want help from ccma so i dont no if u are 1 company ,can u pliz help me with that pliz pliz.

Good day, my name is David Jacobus van Zyl. I worked for the company on a one year contract, with the possibility to renew the contract. I started November and my contract was only renewed in January with a 4 month contract ending April On 13 May they scheduled a contract meeting and informed me not to renew the contract. They have payed me until end of May My contract stipulate hat with mutual agreement a notice of 30 days may be considered.

Good day my name is jeanett mokora my problem is that i was once employed by Lizelle Greeff i was unfair dismisal and took her to ccma at the ccma i won the case and charged herself to pay me a 1 month salary not 3 months salary which is R on the 4th march did pay me R and the rest was purpose to be paid on the 4th April even now still waiting for R its been two month can you please help me.

Hi my name is Thuli Dlomo I want to know I submitted my complain of unfair dismissal how long must I wait for response for a hearing. Good day, I have worked for a company but have not been payed my salary. What can I do to get my paycheck. Good morning I have been working for a company but I have not received any salary. The company did not pay other employees as well. The excuse is c I can actually not except this. What is the steps to fallow please. My cell phone num.

I am working for spur at N1 City as junior kitchen manager Please contact me at Good day Kindly assist i have been with the employer for 4 years n 8 months. Last year i started to have earache until this year may i was dismissed due to ill health incapacity. Two months later when the insurance took me to audiologist they found out that i have permanent hearing loss. So i cannot perform my job as a call centre agent however i can perform administration however my employer said they tried to look for two positions for me in the bank within the retail cluster.

On my dismissal day they raised the point that says i was hired as a call centre agent therefore i can perform the job i was hired for.

My hearing loss was caused by the job i was doing. Can i open a case against my employer. Hi, my name is Portia. I was working for a company then I got sick in where I was even hospitalized with pneumonia.

It was difficult for me to work in the fridges anymore, when I asked them to move me to other department they game stories. While I was still recovering I received a letter that I must come back to work, then I was dismissed without hearing. What can I do? I have been with this company for the period of 3 years and now am fairly dismissed from work.

My contract has been terminated jst be because my employer feels like she can no longer pay me and no have a smart phone. I have work for firm for 3 months. I have ask for my contract but dident get one. Or she is busy whih it or havent got the time to do it. On the 21 of Septenber she give me a contract that say i am acontracter and not a worker and that my contract wil end on the last day of the mount.

I have deside to resign. At the end of the month she didt pay my salary and claim that i owe her monney with is not the case. Please help I want to open a case. Someone lied about saying i was rude to customers and managers and because of that i was fired i just wanted to know do i have a case?

Is it a solid case to be addressed at CCMA. Your email address will not be published. Save my name, email, and website in this browser for the next time I comment. Contact: Tel: email: info randles. Contact: Tel: email: howick randles. Contact: Tel: email: durban randles. I have a case at ccma and wer discuss with my employer but nothing have done so far i will like the matter be transfer to the abbitration Reply. Hi I have a problem with my employer paying me and i have been begging him for weeks now Reply.

Good Day, Thank you for your enquiry on our article! Thanks so much Reply. I have a problem with my company i have worked 2 month without a payment Reply. Kind Regards, Reply. The Randles team Reply.



DOES THE CCMA HAVE A SAY OVER EMPLOYMENT DISPUTES THAT ARISE ABROAD?

A commissioner sitting in the Metal and Engineering Industry Bargaining Council MEIBC has upset the proverbial apple cart by ruling, in an application for legal representation based on Section 25 of the Legal Practice Act, 28 of , that parties are allowed legal representation as a matter of right in any matter adjudicated by the MEIBC, and, by extension, any other formal labour law dispute resolution tribunal. Coetzee v Autohaus Centurion. There is no blanket denial of legal representation at the CCMA, other than at conciliation. In a sense, therefore, there is simply a new ground for an application for legal representation, albeit that this ground would also cover representation at conciliation and not only at arbitration. For this reason, a statute which does allow legal representation across the board, overrules a mere CCMA Rule without the status or protection of being entrenched in a statute.

Provincial Administration, Western Cape [] 2, BALR CCMA). There is also growing awareness in South Africa of employees' and employers' rights.

LABOUR LAWYERS IN JOHANNESBURG

One very important factor that an employer always dreads, especially if it is regarding a small to medium enterprise, is when a former employee decides to take the company to the Bargaining Council or the CCMA Commission of Conciliation, Mediation and Arbitration. The workplace in South Africa is very highly regulated, and if an employed gets taken to the CCMA by a former employee, they should prepare themselves as they might just end up counting their losses. Most employees, if not all of them, can definitely refer a matter of unfair dismissal to the CCMA regardless of whether they actually believe that he or she has been unfairly dismissed or not. Basically, there are some employees who will try to take their chances and just hope that their employer will be found wanting, and that is very often the case. There was a report from the CCMA in , that they had received a total of referrals and this translates to cases daily. It will be beneficial to you to ensure that if and when you are taken to the CCMA, you at least know the important factors with regards to the preparation of the case at hand, in order for you to be empowered to properly present a decent case. With that being said, the below has been prepared for what we think is extremely important to know when you appear at the CCMA to defend the dismissal of an employee. A pre-conciliation is a process in which the CCMA will try to resolve the matter over the phone or by other means before it is scheduled for a much more formal process of conciliation or arbitration.


An Analysis of the Problems of the Labour Dispute Resolution System in South Africa

ccma employer rights is

Career Website. The MFC spokesperson says that, once you miss three payments, the debt is handed over to the legal department and the car is repossessed. Please note that all salary figures are approximations Pretoria, Gauteng. Nedbank - Cape Town, Western Cape. The culture at Nedbank Private Wealth is truly people orientated; everyone is helpful, friendly and supportive.

This case also dispelled the fallacy that in order to have an unfair labour practice claim against an employer there has to be an employment relationship in existence at the time that the employee declared and referred an unfair labour practice dispute to the CCMA. If the benefits in dispute could not be traced back to any one of these categories, such a dispute would be classified as a dispute of mutual interest which could only be pursued by way of industrial action, and the CCMA would not have the necessary jurisdiction to arbitrate such a dispute except to conciliate it.

What employees and employers need to know before approaching the CCMA

Have you just found yourself on the wrong side of the law? Is it because you never kept abreast with all the latest changes to the LRA and BCEA, or have you wilfully neglected to follow the correct procedure when disciplining, retrenching, or dismissing an employee? The reality today is that businesses need to be very careful about how they treat their employees. Founded on the principle of conciliating first before arbitrating, the CCMA is an independent body established by law to carry out a range of workplace dispute prevention and resolution services. Largely due to word of mouth, employees at all levels are aware that, at little or no cost, they can bring a case against an employer who has treated them unfairly. In fact, in addition to the thousands of cases handled by the Labour Court, Labour Appeal Court, bargaining councils, and private arbitration forums, the CCMA deals with over cases relating to unfair labour practice each year.


CCMA Advice

The goals are to enhance and extend service delivery to transform workplace relations and advance development, and to strive for organisational effectiveness. For more information you can contact Labour Smart at Labour Smart Training Pty Ltd , strives to be the best provider of quality training in the fields of labour and employment law, and human resources. As a training provider we commit to professionalism and the use of up to date material and information, presented through the means of the latest methology. All documents purchased are purchased specifically for single user use, and cannot be copied or distributed for the use of other users. All articles are archived and might not support current legislation. Please refer to the latest legislation applicable. All official documentation issued by The Department of Labour, and other government agencies are free and are not for sale.

As an employee, being dismissed is the worst form of disciplinary action, or the worst outcome of a retrenchment process. After a dismissal.

Just when we thought that we could start thinking about packing up for the holidays, the President had a busy November and assented to four new employment Acts, being. It is anticipated that the proclamation dates could be as early as January 1, , which does not leave employers with much time to familiarise themselves with the proposed amendments. The national minimum wage takes precedence over any contrary provision contained in any employment contract, collective agreement, sectoral determination or law.


In Monare , the employee who had worked at South African Tourism in its London office had been dismissed for misconduct. After an unsuccessful internal appeal, he approached the CCMA to refer an unfair dismissal dispute. As the issue of whether the CCMA had jurisdiction was not raised by the parties, the CCMA arbitrated the matter and ultimately found that his dismissal was substantively unfair and ordered South African Tourism to reinstate him. The employee albeit a South Africa citizen had been recruited overseas; his employment contract had been concluded overseas; he performed his services overseas, committed the misconduct overseas and was dismissed overseas. The Labour Appeal Court found that the London office was not divorced or separate from the South African office; in fact, it was linked to, related to and dependent on it. The fact that it was located in London did not make it a different undertaking to the South African office as both branches had the same purpose which was to promote tourism in South Africa.

Analysts say the unexpected rise could be due to the resumption of export trade after the holidays.

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy. The Commission for Conciliation, Mediation and Arbitration CCMA promotes fair practices in the work environment, and ensures that labour disputes that fall within its jurisdiction are resolved efficiently, cost effectively, and with the least amount of formalities. The employee can deliver the referral form to the employer physically or by email or by fax or by registered mail. When submitting the referral form at the CCMA, the employee must also attach proof of delivery on the employer. The employee can submit the referral to the CCMA physically or by email or by fax. The employee or trade union referring a dispute must identify the parties to the dispute including their contact details and the nature of the dispute but is not required to submit a detailed statement of the facts of the dispute.

It is an independent and autonomous organization that was established to deliver services that ensure fair labour practices. In short, if you have experienced unfair dismissal, some type of unfair labour practice, unfair retrenchment, or even been forced to resign constructive dismissal , you can open a CCMA case. CCMA cases are free to open and free to conduct. However, there are implicit costs the cost of a CCMA case does not generally include your transport to and from the CCMA, or the time and effort put into your matter.


Comments: 5
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  1. Samuzragore

    Sorry that I cannot take part in the discussion right now - there is no free time. I will be released - I will definitely express my opinion on this issue.

  2. Carraig

    I think you are wrong. I'm sure. I can defend my position. Email me at PM, we'll talk.

  3. Kano

    It's funny, but it's not clear

  4. Adeola

    It's okay, it's the entertaining phrase

  5. Kadin

    you can discuss it infinitely

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