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I need some help.
Dave Sterne and other HR/IR Consultants.
I have a Husband/Wife team who were working at a Game Lodge in Olifantshoek, near Upington, as clients. The Lodge is owned by owners (Partnership) who are evading SARS and request the couple/managers open bank accounts for the Lodge in their own names. They refuse to do so and so the partners start a process of constructive dismissal. The female manager (Wife) is pregnant.
The female manager takes a green landrover, one morning, for a drive on the game lodge. She almost rolls the landrover and the husband (Male Manager) finds the brake fluid pipe is severed.
The trauma causes the wife to miscarry.
The partners find that the pair have no reasons to leave. One of the partners enters the lodge one night in a drunken stupor. The partners swears at the managers and tells them to “F*&k Off” and to remove themselves immediately off the premises, including their furniture out of their bungalow.
The family takes the matter to a Labour Consultant who happens to be acquainted with the partners. He holds the case until the expiry period is over. The matter ends up with me and I make application for an In Limine case. I get it and we end up in CCMA in Kuruman. The Respondents attempt to get the case postponed a day before the hearing. Obviously it fails. They don’t turn up for the case but the commissioner finds that there is a very strong case and allows the CON/ARB to go ahead. Regardless of the lateness of application.
CON/ARB: November 30, 2009 in Kuruman
Straight forward case. Not quite.
I have a Procedure and substance problem. I also have a DOL Jurisdiction – Not paid for one month.
My claim: 1 Month Salary plus 1 month’s notice plus outstanding leave. I also claim back relocation costs and 6 months for failure to follow procedure.
I get a phone call Wednesday November 18, 2009 from the managers (another husband/wife team) who took the place of my clients.
They want me to represent them against the partners. The same procedure followed in dismissing them.
The difference in the case: They did open a bank account in their names for the lodge. Their salaries were R6000-00 less.
The wife also took the green landrover on a drive but this time she rolled it. She sustained serious head, body and facial wounds. The partners have her removed from the vehicle without first seeking roadside assistance from qualified medical personnel.
The husband still rushes his wife, much later, to the nearby hospital. The doctor notes that the swelling is tremendous and states she will be ok. He doesn’t do any examination but keeps her in hospital a few days.
While she is in hospital the husband is told by the same partners to “F*&k Off” and get his things off the lodge.
At the same time one of the partner’s attorneys phones the couple and threatens them if they take the case further. He states the partners come from a very influential circle and they can make the couple’s life absolute hell.
In the meantime I receive a fax from the second partner’s attorney, out of private practice, who threatens me and offers the outstanding salary as final settlement. I refuse and state we will see each other in Kuruman.
My instructions to the second couple are to make criminal cases against the attorney and partners. I will make application for the CCMA to hear their case. They are also prepared to witness to certain allegations made by the partners against my clients.
I need more information to handle this case.
Dave Sterne and other HR/IR Consultants.
I have a Husband/Wife team who were working at a Game Lodge in Olifantshoek, near Upington, as clients. The Lodge is owned by owners (Partnership) who are evading SARS and request the couple/managers open bank accounts for the Lodge in their own names. They refuse to do so and so the partners start a process of constructive dismissal. The female manager (Wife) is pregnant.
The female manager takes a green landrover, one morning, for a drive on the game lodge. She almost rolls the landrover and the husband (Male Manager) finds the brake fluid pipe is severed.
The trauma causes the wife to miscarry.
The partners find that the pair have no reasons to leave. One of the partners enters the lodge one night in a drunken stupor. The partners swears at the managers and tells them to “F*&k Off” and to remove themselves immediately off the premises, including their furniture out of their bungalow.
The family takes the matter to a Labour Consultant who happens to be acquainted with the partners. He holds the case until the expiry period is over. The matter ends up with me and I make application for an In Limine case. I get it and we end up in CCMA in Kuruman. The Respondents attempt to get the case postponed a day before the hearing. Obviously it fails. They don’t turn up for the case but the commissioner finds that there is a very strong case and allows the CON/ARB to go ahead. Regardless of the lateness of application.
CON/ARB: November 30, 2009 in Kuruman
Straight forward case. Not quite.
I have a Procedure and substance problem. I also have a DOL Jurisdiction – Not paid for one month.
My claim: 1 Month Salary plus 1 month’s notice plus outstanding leave. I also claim back relocation costs and 6 months for failure to follow procedure.
I get a phone call Wednesday November 18, 2009 from the managers (another husband/wife team) who took the place of my clients.
They want me to represent them against the partners. The same procedure followed in dismissing them.
The difference in the case: They did open a bank account in their names for the lodge. Their salaries were R6000-00 less.
The wife also took the green landrover on a drive but this time she rolled it. She sustained serious head, body and facial wounds. The partners have her removed from the vehicle without first seeking roadside assistance from qualified medical personnel.
The husband still rushes his wife, much later, to the nearby hospital. The doctor notes that the swelling is tremendous and states she will be ok. He doesn’t do any examination but keeps her in hospital a few days.
While she is in hospital the husband is told by the same partners to “F*&k Off” and get his things off the lodge.
At the same time one of the partner’s attorneys phones the couple and threatens them if they take the case further. He states the partners come from a very influential circle and they can make the couple’s life absolute hell.
In the meantime I receive a fax from the second partner’s attorney, out of private practice, who threatens me and offers the outstanding salary as final settlement. I refuse and state we will see each other in Kuruman.
My instructions to the second couple are to make criminal cases against the attorney and partners. I will make application for the CCMA to hear their case. They are also prepared to witness to certain allegations made by the partners against my clients.
I need more information to handle this case.
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