THE FACTS
Mzileni Mongezel from Katlehong, Alberton, Gauteng said the company he is working for has been having financial difficulties. Because of this his employer has asked that he and his colleagues should not report for duty until further notice. When he spoke to the employer he was told his employer had also resigned from the company and that the company has since closed down. Now, he’s having trouble claiming UIF benefits.
WHAT I DID
I spoke to SCORPION LEGAL PROTECTION SERVICES to assist us to provide Mzileni with professional information about his legal rights and to find out what he should do now.
SOLUTION
The Labour Relations Act says that when an employer is considering dismissal of employees due to operational requirements he must issue a notice of possible retrenchment to the affected employees.
This notice must be followed by meaningful discussions and joint agreements regarding dismissal. This includes avoiding dismissal altogether and also to manage the number, the timing and the negative effects of the dismissals.
Mzileni’s employer did not follow the right legal steps which makes the dismissal unfair. Mzileni must register a dismissal dispute at the CCMA within 30 days from the date his employer told him not to report to work.
You can strike back legally too!
Click here
to fill in your details for Scorpion to call you back.
Terms and conditions apply.
