SCORPION ADVISES MINOR CONVICTIONS FALL AWAY AFTER 10 YEARS

THE FACTS

VUYISILE Jokozela from Germiston, Gauteng said he was working for a security company but was dismissed because he had a criminal record. He said the criminal record was cleared before he started working for the company. He provided them with a clearance certificate which they refused to accept. He hasn’t been paying his provident fund and they were not contributing to UIF. He also said the working conditions were terrible.

WHAT I DID

I spoke to Scorpion Legal protection Services for professional advice.

SOLUTION

In terms of the Criminal Procedure Act, some minor convictions fall away if more than 10 years have elapsed since the conviction. Minor offences, like petty theft which don’t include violence, can be removed. Offences like murder, rape, other sexual offences, armed robbery and assault don’t qualify.

Offenders may apply to clear their record to the director general of the department of justice, asking him to issue an certificate in respect of qualifying convictions. Regarding the employer, Vuyisile should have reported the working conditions and the lack of deductions for UIF to the department of labour while he was still employed as not contributing UIF is illegal.

Vuyisile can refer a case of unfair dismissal to either the bargaining council for the security industry or the CCMA within 30 days of his date of dismissal.