THE FACTS
Moqhoai Lebenya from Daveyton, Ekurhuleni, worked at a primary school as general
worker.
He was hit by a car while on duty in 2012.
He could not work until 2015 but was paid his full salary. But in 2015 he was dismissed by the employer, who alleged that he had absconded from work.
He went to the department of labour to lodge a complaint but was told they couldn’t assist him because they couldn’t fight another government department, in this case, the department of education.
Moqhoai was only paid a portion of his pension funds and has no medical support from the department in the form of medical boarding.
WHAT I DID
I contacted Scorpion Legal Protection for advice about Moqhoai’s case.
SOLUTION
The circumstances surrounding the dismissal are not clear.
He should have taken his case to the general public service sector bargaining council within 30 days of the date of dismissal.
He can file for condonation which is unlikely to succeed as the application is very late.
He was supposed to apply for medical boarding while he was still an employee, based on his medical record, but he can no longer claim for employee benefits as he is no longer working there.
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