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 Protection’s 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.
** This advertorial is supplied by Daily Sun