THE FACTS
David Mokale from Boksburg, Ekhuruleni said he was employed at a company for a year and then he was suspended after requesting his payslips as he had gone nine months without receiving a pay slip and had discovered that he was not registered for UIF. He referred the unfair suspension to the CCMA and said a settlement agreement was signed for three months’ salary. This happened in March 2017 and to date he has not received the settlement amount and he was never given his job back. He wants to know what his recourse is.
WHAT I DID
I spoke to a labour attorney at Scorpion Legal Protection Services.
SOLUTION
The attorney advised that if the settlement reached at CCMA did not say anything about mutual separation our reader was supposed to open a new case of unfair dismissal within 30 days of the refusal for him to return to work. Regarding the unfair suspension, David should take the settlement agreement back to the CCMA to have it certified and an arbitration award.
They will then issue a warrant of execution against his employer’s property. This is to be taken by David to the Sheriff of the Court for the area where the company has its principal place of business. The sheriff should raise the amount awarded to the reader by attaching and selling company property at a public auction.
Had David been a Scorpion Legal Protection member an attorney would have assisted him at the CCMA hearing to ensure that his rights were protected.
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