Unbeknown to us, our gardener who had worked for us for just under a year (we have proof of when he commenced work) referred a dispute of unfair dismissal to the CCMA and a default award was made against me.
As soon as we got to know via sms about the award, we contacted the CCMA for a rescission of the award on the basis that we were unaware of the hearings, they had the wrong name and address details and that we had not effected a dismissal.
I attended the rescission hearing together with the applicant. A ruling dated 13 Dec 2015 denied a rescission. The CCMA accepted that I was unaware of the con/arb notice and also accepted that the default award reflected an incorrect first name however they did not accept that I was unaware of the arbitration proceeding and found that I was evasive, contradictory and unreliable in my evidence. The CCMA also quoted Rule 5A making provision for the service on parties by sms.
• I would like some advice on whether I might have a case for review at the Labour Court based on the fact that:
• I did not receive any mail in the post
• I did not see any sms’s as the phone was off during my absence
• I did not effect a dismissal
• The commissioner was very biased by accepting the employee’s version without any verification
• Not questioning any contradictory evidence such as when the employee gave two different start dates (July in the con/arb and June in the rescission hearing)
• My first name is still incorrect in the variation and rescission rulings
Should I not have a reasonable prospect for review, I would like to know when payment is due and what if I cannot afford to make the payment.
This matter was heard in Durban and I would appreciate some contact details of labour lawyers to progress a review. I am happy to deal with this matter in JHB as well.
Note that I have kept this as brief as possible but am willing to send a copy of the rulings to you and provide more details. Please advise me on the prospects for review and the payment.