SCORPION ADVISES ROSINAH

THE FACTS

ROSINAH Mukoma from Daveyton, Ekurhuleni worked as a domestic worker for 24 years. She earned between R600 and R1 000 per month. Her employer dismissed her from work after accusing her of stealing. She opened a case at the CCMA but her employer denied that she dismissed her and said she should report for duty.

Rosinah is afraid of going back to work because she claims her employer said she wanted to see her suffer.

The employer also hasn’t paid her.

WHAT I DID

I spoke to SCORPION LEGAL PROTECTION SERVICES for professional legal advice.

SOLUTION

For a claim of unfair dismissal the employee must be able to prove she was dismissed. If this is so, the employer must prove the dismissal was fair. If there is no proof that she was dismissed, then it is as if it never happened and there is no case.

If the employee feels she is being treated unfairly, she can refer her matter to the department of labour for unfair labour practice, as well as for any money her employer owes her.

If Rosinah continues to work and is not able to prove that her employer dismissed her, but finds the working environment so bad that she must resign. she can refer the matter to the CCMA for a case of constructive dismissal.