SCORPION ADVISES JONAS

THE FACTS

Jonas Tlapu was employed as a driver for more than three years before he was dismissed from work for speeding. He lodged a complaint at the CCMA but while waiting for a date of hearing he was contacted and advised his complaint was finalised in his absence.

He spoke to the CCMA regarding the outcome but he was not helped. He claimed his employer deducted R700 from his salary for a disciplinary hearing. When he inquired about the deductions he was later told it’s for admin fee.

They made him pay more on all the traffic fines he had and there were also deductions for a funeral policy but the insurance company told him the policy lapsed due to non-payment. He came to the SunDefender to find out if there is anything that he can do. 

WHAT I DID 

I spoke to SCORPION LEGAL PROTECTION 

for their labour legal advisor to provide advice to Jonas.
SOLUTION 

Jonas should get a case number from the CCMA so that the outcome of his matter can be investigated. Under normal circumstances, if the reader has reported a dismissal case he was supposed to get an SMS confirming the date of set down for conciliation.

If for any reason, Jonas failed to attend conciliation the case would have been dismissed. If this is the case, Jonas needs to file a request for arbitration which should be filed at the same time with an application for condonation for late filing.

Condonation is where he explains to the CCMA why it is that his application is late. In this application, he will have to state the reasons why he failed to attend conciliation. The degree of lateness will be considered when a decision is made whether to allow or dismiss the application.