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Thread: CCMA Help needed please.

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    CCMA Help needed please.

    I had an employee working for me for a number of years last year who came to late every day. Around the end of July he came an hour late again and I said to him that I cannot carry on this way ...... this being after many arguments that we had had. He actually was a good worker. He then walked out on me. I did not fire him. Over a month later he went to the ccma whereby I attended the conciliation hearing. It was found that he was not fired and I said I would take him back on condition that he arrived on time every day. He came back to work (on time) whereby I sat him down and said that he needed to sign a letter of appointment - he promplty got up and walked out again and went back to the ccma. Long story short - he never pitched up for the next case arbitration meeting whereby the case was dismissed. He then applied to have the matter rescinded which they granted and sent me a letter to inform me to appear before aribitration. I was unable to attend as I was in Zimbabwe. I advised them via e mail and have plenty of other documentation sent to them over the last year which they have never responded to. The then went ahead with the arbitration whereby the awarded it to him after hearing his bullshit stories. They have subsequently told me that I have to pay him R35000.00 by the 14 June - this being his weekly pay of R900 x 9 months that he was out of work for. !!

    My question to some kind labour lawyer or someone in the know is - Is this possible ? How is it possible that after 10 months that this can happen ? What happened to the 30 day period that you had to go to the ccma ? What do I do now ? And what happens if I just ignore this ?

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    Platinum Member sterne.law@gmail.com's Avatar
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    If you ignore fit then he will need to get the sheriff to issue a writ and attach.

    You will need to apply for recissision of the award and start all over again, sorry.

    Regarding the 30 days - as long as the matter was referred within the time period.
    Anthony Sterne

    www.acumenholdings.co.za
    DISCLAIMER The above is merely a comment in discussion form and an open public arena. It does not constitute a legal opinion or professional advice in any manner or form.

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    Thanks Sterne - what do you mean by refferred within the 30 days ? He only went to them after 30 days originally from when he stopped working. How can they open up case after case when the original case was not adhered to ? Do you think I should get a labour lawyer to handle this ?

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    Platinum Member sterne.law@gmail.com's Avatar
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    If he went to the CCMA after 30 days, a condonation application would have been required.
    You will still need to rescind the award. then the case starts again and you can raise the 30 days as a defence.
    The application for recession is not, necessarily the most difficult application, particularly as you have documents as evidence. The application form is on the CCMA web site, and has guidelines as to what must be written.
    It is imperative that the sheriff be informed of the application.
    Anthony Sterne

    www.acumenholdings.co.za
    DISCLAIMER The above is merely a comment in discussion form and an open public arena. It does not constitute a legal opinion or professional advice in any manner or form.

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    Thank you Sterne - I will have a look for the application on their website. Do I e mail it to them or drop it off and if so must I send copies of all correspondance with the application ?

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