JOHANNES Masangu from Delmas, Mpumalanga said he and some of his colleagues were unfairly dismissed. They referred the matter to the CCMA in 2015.
They were being assisted by their union, Amcu. The matter was set down but postponed many times.
The last postponement was requested by the union official who was representing them. He sent an email to the CCMA but never asked the employer and the request to the CCMA was not in accordance with its rules.
The matter was dismissed the following day, 26 May 2016, as the union official told the applicants that the matter would be postponed, and they did not appear.
The applicants found out on their own that the matter had been dismissed.
They reported this to the union, and still the union did nothing.
WHAT I DID
I contacted Scorpion Legal Protection for professional legal advice.
The advice from Scorpion Legal Protection was that since the union was negligent in their handling of the case, Johannes and his colleagues could sue the union as a collective.
Johannes and his colleagues can therefore appoint an attorney to assist them if they want to take action against the union.
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