THE FACTS
MOJALEFA Maoba from Rustenburg, North West, worked for a company from 2000 until this year.
Last year he discovered that his name appeared on the company’s registration documents.
He contacted the Companies and Intellectual Property Commission.
According to their records, he had been appointed in 2003 and resigned in 2009.
He confronted his boss, who said he opened a trust in his name because he could use any name he wanted.
A week later, the auditors told him his name would be used for BEE compliance. He contacted the commission again for a copy of the registration documents and was told to request it online.
Mojalefa received an email stating he was a director and sales manager.
He was given an offer by the company but they couldn’t agree on the amount.
Mojalefa opened a fraud case, after which he was suspended for three months and dismissed.
WHAT I DID
I spoke to SCORPION LEGAL PROTECTION to find out what could be done to help Mojalefa.
SOLUTION
It is not clear why the reader was dismissed and how.
But according to South African law, there must be a fair reason for a dismissal and the process must have been fair.
If the reader feels his dismissal was not fair, he can refer the matter to the CCMA.
If he wants his name as a director of the company to be removed, he would have to ask the company to remove it.
If they fail or refuse, Mojalefa can approach the court for an order forcing the other directors to do so. The fraud case is between the company and the state.
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