Register Login Scores

Fired For Complaining!

Mncedi* says that the company they work for dismisses employees for complaining about unfair labour practices. They have already dismissed eight employees for reasons that are unclear and replaced them with foreigners who don’t have proper documentation. Mncedi and his colleagues have tried to lodge a complaint with the Department of Labour, but have not been successful so far. What can they do?

Scorpion Legal Protections advice

The Labour Relations Act  (LRA) states that every employee is entitled to fair labour practices. The LRA also explains what constitutes an unfair dismissal, unfair labour practice and procedures to follow when unfairly dismissed. Unfair dismissal is the termination of a contract of employment without good reason or without following correct procedure.

Upon being unfairly dismissed, Mncedi should have made contact with the CCMA or bargaining council, if there is one in his industry. He will then have to complete the LRA Form 7.11 in order to refer the dispute for conciliation. This form must be completed within 30 calendar days from the date the dispute arose. If Mncedi failed to refer the dispute within 30 calendar days, he will have to apply for condonation. This is an application to condone the reason that he failed to refer his case on time.

We can assist our policyholders in challenging the dismissal through one of our panel attorneys, provided that the requirements of the cover are met.

* This is only basic advice and cannot be relied on solely. Names have been changed to protect identity.

You can strike back legally too! Click here for more info. 

** This advertorial is supplied by Daily Sun

nextarticle

Ex-Leopards Coach Takes Charge Of Togolese Side

comments

Top 5

Salah Linked With Shock €200m Transfer

15 Feb 12, 2019 02:14 PM in African Football

SA Midfielder Debuts Against Porto, Tau Nets In Belgium

15 Feb 17, 2019 12:11 PM in Players Abroad

The 10 Highest-Paid Players In Europe

12 Feb 08, 2019 07:15 PM in Messi/Ronaldo/Neymar Watch

Chiefs Scrape Into Nedbank Cup Last Eight

136 Feb 17, 2019 05:45 PM in Nedbank Cup

SA Midfielder Debuts Against Porto, Tau Nets In Belgium

15 Feb 17, 2019 12:11 PM in Players Abroad

Preparations Galore, Next Big Star For Bucs Identified?

8 Feb 15, 2019 10:41 AM in Siyagobhoza

Chiefs’ Keeper Conundrum

8 Feb 19, 2019 03:15 PM in PSL

Chiefs Scrape Into Nedbank Cup Last Eight

136 Feb 17, 2019 05:45 PM in Nedbank Cup

Move Imminent, How Would Makaringe Fit In At Bucs?

7 Feb 16, 2019 10:30 AM in Siyagobhoza

9 Richest Footballers In The World, Past & Present

22 Jan 29, 2019 07:17 PM in Messi/Ronaldo/Neymar Watch

No PSL Deal Since Chiefs Exit, Masilela In Third Tier

12 Feb 17, 2019 10:57 AM in Siyagobhoza

10 Footballers Who Had Their Careers Cut Short Through Injury

18 Jan 31, 2019 07:16 PM in English Premier League

Ex-Wits Defender To Be Sacrificed For Sangweni?

2 Feb 15, 2019 08:32 PM in Siyagobhoza