THE FACTS
NTELENTELE Mashila from Elandsfontein, Ekurhuleni, said he was dismissed from work in August last year after being charged with misconduct.
He said he referred the matter to the Road Freight and Logistics Bargaining Council. The unfair dismissal case was heard on 2 October.
Ntelentele claimed the commissioner convinced him to withdraw the case, but he wasn’t happy and decided to come to the SunDefender.
WHAT I DID
I read all his documents to advise him on the way forward.
SOLUTION
Among Ntelentele’s documents is a notice of withdrawal, which he signed.
A signature on a formal document indicates that you agree to the contents of the document.
This can only be challenged if a person can prove the signature was forged, or were forced to sign the document.
In Ntelentele’s case, his matter is considered finalised. He can’t prove he was forced to sign.
He can refer the matter to the bargaining council again, even though it’s late.
But he needs to apply for condonation, explaining why it’s late.