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Thread: Anthony, hope you can advise on this one

  1. #1
    Email problem KimH's Avatar
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    Jul 2010
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    Anthony, hope you can advise on this one

    Ignore - matter resolved.

    A client approached me yesterday with the following scenario:

    They were recently awarded a municipal tender (without going into too much detail) they took over approximately 30 employees from the company who previously held this tender.
    The staff have subsequently all been supplied with uniforms, increases and other more beneficial terms than they previously enjoyed.
    A person who is not employed by the company nor is a recognised trade union from what any of us can see, has now inserted herself into the mix as a self proclaimed representative of the employees and we believe that they pay her. The company does not deduct any monies off their salaries, so they are paying her directly.
    Twenty of the staff members come in late each month as they go and draw UIF,.... the company has warned that this is illegal, their response is that they have the money now and nobody can take it away from them.... there is other insolent behavior as well which we believe is related to this third party person.
    I don't have the full detail, but this third party referred a matter to the CCMA earlier this year with regards to insufficient uniforms or some such nonsense - I believe the Commissioner asked her to leave the room and discussions continued with the two staff members that were present - as expected nothing came of this case.

    My question is thus - can some random third party person just insert themselves into a business in this manner?
    The business owners are beside themselves with concern, this is a new tender which they could very well lose should this staff disobedience become any worse.

    In my opinion I feel that the Company should request mediation from the CCMA in this instance - but before I provide such advice, I would like to hear what you have to say as I am not that au fait with unions and the like.

    Any snippet of advice will be most welcome.
    Last edited by KimH; 12-Mar-14 at 12:16 PM.
    "If at first you don't succeed, do it like your mother told you."

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