The facts
In 2006 Thomas Mitileni was involved in an accident with his company’s car. He was dismissed because of the incident eight months later.
His union gave him an attorney to represent him and referred the matter to the CCMA.
The dispute was settled in Mitileni’s favour. The CCMA ruled that he must be re-instatement in his job and be paid R6 000 by the company.
Mitileni didn’t get his money or his job back because his attorney refused to assist further until he had been paid by Mtilileni’s union.
SunDefender asks Scorpion Legal Protection for advice
Scorpion discovered that Mitileni’s attorney had a lien (this is a right to keep possession of property belonging to another until a debt is paid). They also discovered that the union had not acted on the CCMA award since it was issued in 2006.
Unfortunately for Mitileni, even if he did pay the debt owed to the attorney by the union, the CCMA limits the period you have to collect your award to three years.
Scorpion tip
If you get an award or compensation from the CCMA act quickly! If the Mitileni had been a Scorpion member, then Scorpion would have assisted in ensuring the award and compensation was received in time.
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