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Thread: Is this a ccma case

  1. #1
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    Is this a ccma case

    I have been employed At a particular place since July 2012. I have no contract, no payslip, no tax no uif. I don't get paid leave or any overtime either when I work public holidays.
    Department of labour inspectors visited our workplace as they were going business to business. They made an appointment to come back for her to produce particular documents. On the day they came back which is March 16th 2015 she gave me that day off so I would not see them and I hear she proceeded to lie to them, claiming all her employees are students and only work a few casual hours. I used to work Monday to Friday 9-7 (50hours) every week. She decided to cut hours and therefore my salary by over R1000. She said so as to maximise profitability (but a week later hired someone). I explained how this pay cut means I can no longer afford to pay my fees For my part time studies. She was unmoved.
    On the 11th of February this year the company phone went missing, it was very busy on that particular day and I was working alone. She came briefly then left after which I could not see the phone I thought she took it. She said I have to buy it and she kept bugging me until I bought it. (I have the receipt).
    I have been scared to approach ccma because I have no contract however I'm studying law and I know my rights.. She claims we are all students. I was registered till end of 2014 with unisa but couldn't afford anymore wit the paycut. I have records of every single day and hour I have worked .
    She expects me to work on public holidays however instead of paying me double she pays me half my normal daily amount because it's 4 hours which is against the law. I would like to pay uif but she has not registered any of her employees with the uif or sars. I have not been given a raise in over 3 years because the centre were this business is situated is very quiet hence sales are not very high so she says that is my fault so instead of a raise in August last yr my hours and salary was cut. I was asked to work on Friday the 12th of Feb of which it is my day off. I could not work because I was asked the day before and it was short notice she gave me a lecture on how I am not dedicated to my job because of that. I am being exploited and I never wanted to speak out because of fear of being fired however the situation is slowly becoming unbearable.
    I would like to know if I have a case strong enough for the ccma.

  2. #2
    Silver Member Greig Whitton's Avatar
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    Mar 2014
    Cape Town
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    You do have a contract. It may only be verbal, but it is still enforceable. Hopefully you have been paid by EFT (or similar) since that will make easier to prove your employment (cash payments lose that advantage).

    The real issue, though, in my opinion is simply this: what do you want to get out of going to the CCMA?

    The vast majority of CCMA cases involve dismissal, which is not the case here (you could claim constructive dismissal, but that's a tough sell).

    If you just want to report your employer for unlawful labour practice, you could contact the Department of Labour directly.

    If you want compensation for your employer's conduct, that's unlikely to be significant relative to the time / stress / effort involved coupled with the loss of your job (because there is no way you're going to the CCMA, getting compensated, and staying employed).

    If you want revenge, or to punish your employer, don't waste more energy on her than you already have. Rather channel that effort into finding an employer who appreciates you.

    So what exactly do you want to achieve?

    Founder of Evergrow - Helping South African business owners grow their business without the growing pains

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