Company taking criminal action with trumped up charges

[Laura7]

Hi there,

At the arbitration hearing last year August, I was given a default award after presenting all my evidence. The company have not paid the money to me. The enforcement order is certified by the CCMA and in the hands of the sheriff who will probably take action soon.

I received a telephone call from an investigating officer who told me to come to his office with proof that I never increased my salary, as there are fraud and theft charges brought against me. I made arranged to do that and when I got there he was out. I phoned him on his cell and he said he had an emergency and that we must reschedule, which we did. He also said, "I am advising you to bring along an attorney to avoid possible arrest." These are trumped up charges and I am believing that the company are playing a dangerous and dirty game to avoid paying me my award. All it is doing is delaying justice and delayed justice is justice denied. I think it is a form of intimidation and harassment. Can I take action.

[Justloadit]

I am no lawyer, but yes there is action against false charges.
They are counting that you can not afford the cost to defend.
They are on a very slippery slope.

I suggest you get a lawyer to accompany you to the meeting, so that you can on completion of this meeting, open a charge of fraud against the offending person/company. Remember that the initial charge that has been submitted is in writing, and in my view can not be withdrawn, so it is no longer your requirement to prove, as this becomes a criminal case, and the state then pursues the case further.

I am sure one of our learned members will shed further light on this situation.

[Andromeda]

Actually I have no idea why you even went to this prick's office.

You don't need to do anything at all.

[HR Solutions]

Laura you really should continue where you left off at your last postings, because there is history to this which some people may not realize !

[Dave A]

Remember that the initial charge that has been submitted is in writing

And I should expect in the form of a sworn affidavit nogal.

[Justloadit]

And I should expect in the form of a sworn affidavit nogal.

Absolutely, or else there would be no investigating officer making the investigation, unless, the call you received is being done as a favour for a friend, in which case a formal complaint to the station commander is in order.

[Dave A]

I expect most of us would love to be a fly on the wall when the Sheriff arrives and starts attaching stuff. This latest stunt isn't going to stop that ball from rolling on.

[Justloadit]

I expect most of us would love to be a fly on the wall when the Sheriff arrives and starts attaching stuff. This latest stunt isn't going to stop that ball from rolling on.

It depends on the sheriff, and also what identifiable assets the company owns, which may be at the premises when the sheriff arrives. It may be difficult for the sheriff to identify, as the owners of the business will not be co-operative at this time.
Stock and work in progress may not be attached, unless proof is provided that it has been paid for by the company and belongs to the company. In most instances, stock has been provided on account, or a deposit has been collected for the work in progress.

I f I am not mistaken, the sheriff must also be careful to not attach equipment which will affect the companies ability to fulfill it's obligations to customers. Very similar to not been able to remove tools from a tradesman to pay off a debt.

[Laura7]

I have secured the services of an attorney. The company opened up a criminal case against me. We have an appointment with the investigating officer on Monday and hopefully he will not waste time investigating something that has already been resolved in the Bargaining Council. I think it is a waste of time for the police to pursue this, they should rather focus on real crime, especially farm murders.

I want to open a case against the company/individuals and will discuss this with the attorney on Monday.

I hope the Sheriff is a big bully and not intimidated by the company officials.

[Laura7]

Update, I was at the investigating officer yesterday, and he took my statement, all the same as the arbitration. Afterwards, he said, that he will collect more evidence from the company and will then make a decision. He did say that that as I am old, he needs to act quickly as I might not survive the ordeal. Whatever he meant I do not know. I have written down my statement and now feel that this is a malicious prosecution, intimidation, harassment and defamation. I want to proceed and take action against the company. I am not sure how this is done, but will visit the police station tomorrow and try.

[Laura7]

Another update: The sheriff of the Court went to the Company last week Wednesday, ready to attach the goods, but there was such chaos, the directors decided to pay. Anyway, they paid R40 000 and said the balance would be paid within 7 days, that is today. The Sheriff returned to the company today, and all of a sudden the directors said they are appealing against this case and refuse to pay. I am not sure what happened afterwards but I think the sheriff removed some of the goods.

Can they appeal after making a payment and promising to pay the balance?

With regard to the criminal charges, I have not heard another word. I am a suspect but have not been charged. So I decided to wait until they do something, but if I do find a pro bona attorney I will take action against the directors.

[HR Solutions]

Remember a criminal charge stays on your record. It will not always reflect but if u do a deep check it reflects. I.e. If someone wants to check more than just criminal convictions.

[adrianh]

I don't know the history and I am not taking sides, I'm just making an observation. I wonder why people make life so difficult for themselves. I've learned that it is often better just to stop the bleeding and move on. If one considers the hassle and expense then that company director must have rocks in his head.

[HR Solutions]

I fully agree with you Adrian. Sometimes you might get your result, but the damage caused ......

[Justloadit]

I don't know the history and I am not taking sides, I'm just making an observation. I wonder why people make life so difficult for themselves. I've learned that it is often better just to stop the bleeding and move on. If one considers the hassle and expense then that company director must have rocks in his head.

What you don't realise, is that there is a group of diabolical people out there who get into these managerial positions, seem very likeable and charming at face value (because this is how they draw their prey in), who can not accept defeat, even when they are wrong, and have this attitude of winning by any means, legal or not. I have personally experienced this, and am very close to someone who right now is going through an issue like this. At some point in their lives, they have to be introduced to humility. The way they treat and carry on with less fortunate people around them is really disgraceful, and if not challenged, will continue to think they are the masters and using the notion that sane minded people will walk away, because the hassle is too much. The reason they achieved these positions is because people walked away, if at a very early stage they were challenged, then they would not be where they are today, carrying on as if they are the chosen one. This relates to how they treat staff, suppliers and anyone who crosses their path. They usually focus on one person, and make their life hell. They maintain employees simply because the employees need a job and will take all the nonsense thrown at them. These diabolical people have a knack of identifying the ones in need and exploit them.