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Thread: The CCMA is a joke and the labor laws should change.

  1. #1
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    The CCMA is a joke and the labor laws should change.

    An employee of mine that only worked for me for three months took me to the CCMA claiming that I told him to F off and not to come back over the phone. The truth is he did not come back to work and after nearly a month of being absent I received a fax stating that I fired him. The CCMA awarded him a settlement.
    This means that any employee can claim that you fired him and you have nothing to protect yourself against that. This person did the same with his previous employer. But the CCMA refuses to look at a person’s character. If I gave someone one Rand and he tells me I never gave it to him how can a third person determine whose right, especially if you are not allowed to look at someone’s character.
    By giving someone money you will let him sign for it and you have proof. With the CCMA you have one person and he can decide whom he wants to believe and his decision is final.
    The labor law should change. An employer should not be able to fire someone verbally. There should be a form from the CCMA with witnesses and the reasons for dismissal given to the employee and only then should he be dismissed.
    This person makes a living out of CCMA settlement. There should be a blacklist for people like that.

    New member
    Gombault

  2. #2
    Platinum Member sterne.law@gmail.com's Avatar
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    I am presuming that you never attended the CCMA matter? If you did not attend the employees version of events is uncontested and therefore the application must be successful. If you did not attend you can get the award rescinded.
    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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    Email problem KimH's Avatar
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    During my time as the group financial/hr manager for 11 trading entities in the communications industry, I had the pleasure of defending the company on 13 separate occasions at the CCMA - JHB, DBN, CPT & PE - this was during an 18 month period. One of the most important lessons that I learnt was that it wasn't always about who was right, but more about who could produce the best argument and facts on the day. I handled a few cases like the one you have mentioned Gombault, all with a positive outcome for the company - in cases like these you need to contact any employee that goes awol within 3 days, this must be in writing (registered letter) and should they not report for duty within the time frame you specify, you then send them a notice to attend a disciplinary hearing and that should they fail to attend, the hearing will continue in absentia. Hearing goes ahead, if the decision is to dismiss the employee, this outcome should also be communicated to the employee via registered letter. End result, should the employee go to the ccma - you have proof that you attempted resolution, when resolution failed, you then followed the correct process to dismiss. Any commissioner will be hard pressed to rule against you in such an instance.

    Moral of the story - as the employer you need to cover your ass by following proper procedure, acquaint yourself with the basics - I find www.labourguide.co.za as well as their forum http://phpbb.labourguide.co.za/index.php to be great sources of information and I know Anthony from this forum is also on hand to respond to labour questions.

    Out of the 4 ccma offices I attended, CPT was by far the most superior and the commissioners the most reasonable.
    "If at first you don't succeed, do it like your mother told you."

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    Site Caretaker Dave A's Avatar
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    I recall a previous discussion on absconding employees where the advice headed in the same direction.

    Frustrating when you're fighting dishonest evidence, though.
    The trouble with opportunity is it normally comes dressed up as work.

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    Email problem KimH's Avatar
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    Quote Originally Posted by Dave A View Post
    I recall a previous discussion on absconding employees where the advice headed in the same direction.

    Frustrating when you're fighting dishonest evidence, though.
    Sadly many employees see the CCMA as an ATM and want to claim their withdrawal. As much as I understand the need for this type of recourse for employees - there are some bastard employers out there, it always seems that the good guys end up getting screwed. As employers we need to make sure we always follow proper procedures when it comes to labour issues, it's time consuming and a right pain at times - but think about the potential costs if we don't.
    "If at first you don't succeed, do it like your mother told you."

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    Hi All,

    Thank you all for your comments. Sterne I did attend the CCMA matter.
    I’ve been in business most of my adult life and this was the firs time that anyone took me to the CCMA. I hope all uninformed employers like myself read this and follow the right procedure.
    I think that KimH should be upgraded to a Gold member.

    Regards
    Gombault

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