Results 1 to 3 of 3

Thread: CCMA unfair dismissal awarded but not informed of hearing.

  1. #1
    New Member
    Join Date
    Oct 2015
    Location
    ballito
    Posts
    6
    Thanks
    2
    Thanked 0 Times in 0 Posts

    CCMA unfair dismissal awarded but not informed of hearing.

    Hi,

    Our domestic worker was asked to vacate the room he was staying in on our premises and find a new place to stay. He was working for us just under a year. After this he did not report to work and filed an unfair dismissal claim at the CCMA. He has been awarded the case, however we never received the notice of arbitration in the first place. We are applying for rescission on the basis that we were not present because we were not notified of the hearing. More importantly, how do we go about proving no dismissal took place given that nothing was in writing.

    Thanks in advance for any help.

  2. #2
    Platinum Member sterne.law@gmail.com's Avatar
    Join Date
    Oct 2009
    Location
    Durban
    Posts
    1,332
    Thanks
    38
    Thanked 566 Times in 413 Posts
    Blog Entries
    7
    The employee needs to prove there was a dismissal.
    However, the employee will say when you asked them to leave it was a dismissal, an understandable misunderstanding.
    Also, accomodation was part of the contract and you repudiated it.

    These issues aside, if there was no dismissal the commissioner would say why not return to work and you could say yes, but no back pay.
    At rescission you can try settle.
    Two options, a nuisance payment or yes can return to work but no back pay.
    On return you could also have a hearing for absence, but an ambitious step given the circumstances
    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.

  3. Thank given for this post:

    AndyD (29-Oct-15), tec0 (30-Oct-15), theghid (29-Oct-15)

  4. #3
    New Member
    Join Date
    Oct 2015
    Location
    ballito
    Posts
    6
    Thanks
    2
    Thanked 0 Times in 0 Posts
    Thank you, very helpful post. Hopefully you can assist me with a few more queries as you seem to be quite clued up on these topics.

    If no dismissal was to be found, will the commissioner have jurisdiction and be able to dictate what has to be done?

Similar Threads

  1. UNFAIR DISMISSAL AND CCMA HEARINGS – CAN YOUR LAWYER REPRESENT YOU?
    By Mike C in forum Labour Relations and Legislation Forum
    Replies: 2
    Last Post: 28-Mar-16, 08:09 AM
  2. [Question] CCMA - Unfair dismissal vs being AWOL - why am I being asked to pay ex-employee?
    By Pixie1 in forum Labour Relations and Legislation Forum
    Replies: 1
    Last Post: 28-Aug-15, 04:22 PM
  3. [Question] unfair dismissal
    By lebgee in forum Labour Relations and Legislation Forum
    Replies: 1
    Last Post: 04-Jul-14, 01:32 PM
  4. Dismissal without hearing
    By IMHO in forum Labour Relations and Legislation Forum
    Replies: 4
    Last Post: 20-Jun-14, 02:34 PM
  5. The first-timer's guide to attending a CCMA hearing
    By BBBEE_CompSpec in forum Labour Relations and Legislation Forum
    Replies: 0
    Last Post: 27-Nov-09, 11:25 PM

Tags for this Thread

Did you like this article? Share it with your favourite social network.

Did you like this article? Share it with your favourite social network.

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •