LEPACHA CAN TRY THE CCMA!

THE FACTS

Lepacha Mokete was working for a mining company when he was approached by another mining company to work for them. He had to do a fitness test and was declared unfit by the previous employer, and so did not get the job. He was also dismissed from the job he had. He believes the previous employer did this on purpose.

WHAT I DID

I asked Scorpion Legal Protection for advice regarding Lepacha’s case.

SOLUTION

Any employee of a mining company who goes underground must do medical screening to confirm fitness, even on leaving the mine, to confirm the employee did not contract any disease while working at the mine. The employer was following what is called the medical exit test, as regulated by the law. This report is done by a medical doctor and the report can’t be influenced by management. Regarding the dismissal, he can still go to the CCMA to challenge the dismissal but prospects for success are slim.