[L112] WHAT IS UNFAIR LABOUR PRACTICE & HOW TO REPORT IT TO THE CCMA - SA EMPLOYMENT ATTORNEY
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- เผยแพร่เมื่อ 1 ก.ค. 2024
- Are you treated unfairly at work compared to your colleagues?
Then you may have a case for an Unfair Labour Practice. This video explains what this means in South African Law and how to open a case at the CCMA.
What is an Unfair Labour Practice?
According to section 185 of the Labour Relations Act states that every employee has the right to be treated fairly in their workplace.
What are your employment law rights for unfair labour practice in South Africa?
You can approach the CCMA to open up a case. The document to fill in is Form 7.11. This is the case referral form for the CCMA. You have 90 days to refer your case.
=== ATTORNEY INQUIRIES ===
CONTACT: Aslam Moolla
EMAIL: Law@legal-leaders.co.za
WEBSITE: www.legal-leaders.co.za/servi...
=== ABOUT ASLAM MOOLLA ===
💼 Aslam Moolla is a licensed Attorney with a Masters in Law who specializes in Divorce and Labour Law. In 2014, he was awarded the Lexis Nexis Prize by the University of KwaZulu-Natal. Our law office is based in Umhlanga, Durban. We developed this series of videos to show you how to handle yourself in court and achieve the best outcome for your case.
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Timestamps:
00:00 Unfair Labour Practice Introduction
00:35 Section 185 of the Labour Relations Act
01:01 The difference between Unfair Dismissal and Unfair Labour Practice
01:40 Examples of Unfair Labour Practice
02:01 How to refer an Unfair Labour Practice case to the CCMA
02:14 Serve the form on previous employer
02:40 Time period to refer your case is 90 days
03:20 Summary of the video
Disclaimer:
This video is for general informational purposes only. It does not create an attorney-client relationship between Aslam Moolla and videos. You should consult an Attorney to get specific legal advice to your specific situation.
Our goal is to help you better understand your rights. You welcome to contact us by clicking the link above.
#unfairlabourpractice #ccmalawyer
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![[L104] CONSTRUCTIVE DISMISSAL and How to Prove your case at the CCMA](/img/n.gif)
In south africa. If you are a rich business owner. These " labour laws" will not apply. Sad but true story. You either want to work(under the existing poor conditions )or look for another job. "Because you are lucky to have a job and someone will replace you tomorrow for less money than you earning so be greatful"
Hello Nivo
We encourage people to stand up for their rights.
u will be targeted until u get fired. they will find a way to get rid of u
Amazing content
These are really helpful Mr Moolla. Thank you.
Hello Mosima
Thank you for sharing your positive feedback. We appreciate it!
If you need any assistance, you are welcome to email us at: Law@legal-leaders.co.za
Kind regards,
Legal Leaders SA
@@legalleaderssouthafricanla7309 Good morning Mr Moola, can I also win an unfair dismissal case at ccma ,if I only have 23 months service in the company.
@@thobekilencube7164
Dear Thobekile
Winning a CCMA case comes down to:
1. Preparation before the hearing
2. Evidence in your favour; and
3. Good strategy for cross-examination.
Months of service is a not a factor when considering unfairness of a dismissal. It is a factor for compensation only.
If you would like us to assist you in preparing for your case, you are welcome to book an appointment with our office. We can be reached at: Law@legal-leaders.co.za
All the best!
Aslam Moolla
Attorney
www.legal-leaders.co.za
Hi, can I have the link for the video tha shows how to serve the 7-elleven forn to your employer.
Last year we had the taxi strike. On the day it started, there was no warning. absolutely no one knew that a strike was going to happen until it did. And u know how dangerous the strike was. ppl died etc.
My question is, I was at work on this day and had no way of getting home. I rely on uber and there was no public transport. My husband worked for a company who refused to allow him emergency leave to get me and take me safely home.
Are they allowed to do this? This was literally a family emergency.
How can an employer refuse leave for emergencies? If he left even though they declined could he be fired ?
Can I ask something sir . My boss and I have a verbal agreement to work as an electrician and mechanical technician but all of the sudden they putting me as a welder and I don’t have the skill and since it is a verbal contract I feel I have no evidence to prove since it ain’t a written contract. The boss has tried swearing at me so much I got traumatised. I don’t know what is the best step by step to complain about this since it is only verbal . Should I record him for doing this again or should I open a case at ccma
Hello Ryan
I suggest that you gather as much evidence to show an unilateral change in working conditions and then refer the matter to CCMA
If you want specific help please give us a shout via the link in description
I have a case running but i have been manipulate and putted I the corner by commissioner n employer at Conciliation I ended up withdrawing my case I want applied for arbitration but the bargaining refuse cos I have withdrawn the case wat are the laws regarding withdrawal mmn re open the case
Can an unfair labour practice be referred by the Employment Equity Committee on behalf of the employees?
Now he works for a company who asks for sick notes even though u are absent for one day. The moment he messages to say he is ill, their response is "make sure u go to a Dr ". I know this is illegal, but unfortunately if u are working for a company it's difficult to take action since they might target u until u eventually get fired.
Is there any way a company can be reported anonymously?
Hi I was unfairly dismissed the company had no evidence to dismiss me and witnesses was dishonest before on 3 occasions, I also believe it’s an unfair labour practice .
Çan employer appeal ccma ruling at labour court employer was absent at hearing it was unfair dismissal hearing
For the past 6 years,,the line management had an agreement to compensating worker with 2 hours per overtime worked to cover traveling due to depleted staff and company's failur to fill the open post,and this practice continued to new line management, so now,the company had dismissed 4 people out of 25 staff,for having claimed these 2 extras hours, the past management were all called in during the DC hearing as witness, and all of them admitted knowing this 2 hours agreement since there went to pension,with all this witnesses the company decided to dismis only 4 people,and when they asked why only them while all the department was claiming this 2 extras hours,the internal auditor said,he was only instructed to look at 4 people not other staff,,we went to ccma conciliation,and the company opted to arbitration and now we are charged with dishonesty then to fraud
Is this dismal fair? And what are the chances of us winning this case at arbitration.and we have 8 years working for this company with warnings.
Hello Terrence
It looks like the evidence is stacked against you.
A dishonesty charge is a serious offence which could result in the confirmation of your dismissal at the CCMA.
This would be classified as "gross misconduct"
For a specific review of your case, please contact us on 031 942 8863
@@legalleaderssouthafricanla7309 what are your charges, and after reviewing the case that I have, can a decision be made to recoup your costs from the employer?
I have worked full time without a contract for over 2 years in a restaurant.They charged me R40 per shift for breakes, which at this time I didn't realise was illeagal.This adds up to a significant amount.I returned to corporate position for a year and unfortunately due to Covid, was retranched.I returned as part time casual and worked there last 3 weeks, they now charged us R 50 in breakage fees. I was mistreated by the new manager and under these circumstances decided to resign.I emailed them and was very polite. They now are withholding my basic salary. Please if you could kindly advise.
Hello Eka
It sounds as if you have a case of unfair treatment. You should immediately approach your local CCMA / Small Claims Court and claim your outstanding salary that is owed to you.
If you would like to book an appointment with one of our Attorneys, you welcome to email us at: Law@legal-leaders.co.za
Regards,
@@legalleaderssouthafricanla7309 I reported my employer after being unfairly dismissed verbally with no warning no dismissal letter nothing, I was just told to leave the shop immediately , now am worried that I don't have enough proof because bargains council needs proof,please help me am I going to win the case?
@@thobekilencube7164
Dear Thobekile
Thank you for your comment.
You can still take your case to the CCMA or Bargaining Council.
If the employer has not dismissed you - then at the hearing they must take you back to work. That is what the CCMA must rule.
You welcome to also book a session with us where we can assist you to prepare for the case.
To book your appointment - please email us: Law@legal-leaders.co.za
All the best!
Aslam
Hi Mr. Moola
Does this include teaching ?
Hard teaching conditions ?
Hello Abigail,
Yes the Labour Relations Act extends the meaning of benefits (in terms of an unfair labour practice) to "training" as well.
Hope this helps
Aslam Moolla
Attorney
law@legal-leaders.co.za
You speaking to selena 8 years ago when I started with this dry cleaning company I belong to sanlam 2 years back there was a problem which my boss didt realy gave us the real info about it he went to go and look for a better option for us that is wf he said momentum I dudt signed that papers went to sanlam personally they told me there is money but only until a certain time and he puts me into a shop raise my daily rate than along the line he closes it again now he got me inside the factory and my daily rate drop been to bargaining council and to union seems they are no use plz help its my provindent money I am talking about
Thank you for your comment, Lena!
In order to properly assist you, I require a few more cohesive facts regarding your matter. Please do not hesitate to contact me via our website at Legal Leaders - Moolla Attorneys Inc.
I look forward to hearing from you!
Hi Legal Leaders, is it wise to take the employer to CCMA direct or via a legal firm for unpaid salary that's under 3 years old?
It depends on how confident you are in relation to representing yourself.
Remember, condonation will apply in your matter
Have a look at the CCMA rules.
Hi ! If I'm working 3 days a week paying 1800 a month over 12 years
Good morning I had a hearing last year and my verdict was that I am fired with immediate effect however my employer told me that he will not fire me because he still needs me in his employ. However the condition of not being dismissed was that I will sign a final written warning (I had no warnings before this) and that I will be placed on probation for 3 months which meant my contract was terminated. In your opinion is this a legal thing to do? Thanks
Hello Samukelo
Thank you for your comment.
It looks like you employer tried to end your contract instead follow a dismissal route for misconduct.
We suggest you contact your local CCMA immediately for help.
You are also welcome to book a paid appointment with our offices. We can be reached at: law@legal-leaders.co.za.
Regards,
Aslam Moolla
Attorney
Been working at a retail company with no contract for two years now. I do all the store supervisor work and been earning R20 p/h, 180hrs per month. What can I do to change this? Please assist
Hello @life of Nonny M
Sure please contact us via email or phone for specific help in your situation
law@legal-leaders.co.za or 031 942 8863
Hi sir thank for the help but pleas help I have been working for a company atleast 7 months and we are rating 20 an hour according to the pay sleep but hence we working 61 hours a week we get paid 3720 after UIF the other 16 hours we not paid for how could I get help since I am getting robbed all the other hours I have took photos of couple of register and have paysleep could this be bargained
Hello,
You may report the matter to CCMA.
I have labour complaint in court for not getting paid for 4.5omths now they terminated with out notice. What will happen plz tell me
Hello Nida
Thank you for the comment. My name is Aslam Moolla.
To answer your question of what will happen will depend on several different factors.
For example: which court your case is in, what stage your case is at, and whether all the legal paperwork was filed on time etc.
We can definitely assist you - provided that we can get the case information from you. Without the information its just a guess.
We suggest that you book a paid appointment with our office, so that we will be able to go through your case with you.
To book your paid appointment, you welcome to contact us via our office email: law@legal-leaders.co.za
We look forward to speaking with you soon!
Aslam Moolla
Attorney
www.legal-leaders.co.za
How do I contact your office
Good morning mr moola..I took my former employer to the ccma now they sent me a notice of objection letter what does it mean ?
Hello Patrick
This means that the Employer has objected to the con-arb procedure. Which means that conciliation will take place on one day and the arbitration on a separate day.
Hope this helps!
Aslam
@@legalleaderssouthafricanla7309 so this means they want to start with a procedure were we don’t provide proof and evidence?
Good day. I am charged at work. But my charge only tells me what company rule I broke. But doesn't tells what I did to have broken that company rule. Is the charge fair?
Hello Vuyo
How can you prepare for the disciplinary hearing like this?
You can ask the company for more information
Otherwise you can also take the case up to the CCMA for unfair dismissal in terms of the Labour Relations Act.
@@legalleaderssouthafricanla7309 After they have dismissed me I will take the matter to CCMA, because I Kno already that their plan is to fire me. But even when I go to the hearing I will go prepare, and I will present my case aswel
@@vuyondlazi3477 Please contact us on law @ legal-leaders .co .za to review your case with our firm
If you need an attorney, but cannot afford one, what are your options?
Hi Claude- you can contact law firms who do work on a pro-bono basis
Salaam Aslim. Can an employer give u just 40 min and demand a statement from u prior to any formal charges are being formulated against u??? Please advise
Thank you for your comment, Hanief.
I may require a few more facts regarding your matter. What was the statement for?
If you require further help, please do not hesitate to get into contact with me via our website at Legal Leaders - Moolla Attorneys Inc.
I look forward to hearing from you!
Salaam Aslim. One colored staff member overheard my son and his friends discuss colored behavior. My son has a colored grany and his friend has a colored mother. They were exchanging their own experiences. The colored person overheard them talking and took the matter out of context and complained to HR about them being racist. They were called in and said that so n so person layed a charge of making racist remarks. Due to this They being each accused was given 40 minutes to write a statement based on what transpired. A formal charge or enquiry has not been lodged at that time. As far as I can deduce is that HR has a hear say case and needed more information in order to.proceed because I know that these allegations would lead to he said she said. Pl advise Aslim. My son just wants to know if due process was followed and and if their rights were abused
Does this apply to private bisness? I've been employed for 7yrs still on going. When I leave there is no payout/uif/etc. Can something be done about it?
Hi Emergen
Yes, if you are still an employee at the company, you could open up a claim for an unfair labour practice. It must be noted that each case is different and this is a general suggestion, to find out if you have prospects of success for an unfair labour practice, we suggest you contact us for an evaluation of your matter.
The scenario of an employee who is five years in the position and now there is an unfair labour practice dispute lodged by the employees in the same division. The allegations is that the employee was not qualified for the position and apparently the qualifications were tailored to suit the employee. The position was advertised and four candidates were interviewed. Now there is a witch hunt in the organisation where employees are instigated by a former employee who was the HR head of the department taking revenge for reasons known to him. Is this case, relevant to be heard by the court of law?
Thank you for your comment, Mmasedi!
The answer to your question is yes. Where there is an unfair labour practice, the employee has the right to have his/her matter heard by a court of law.
I hope this was informative.
Hi i work 10 hours a day mon to sat oy off Sunday boss gives me 3000 pm no uif no contact no extra money when working holidays..and now boos says im not allowed to take my lunch..pls help
Hi Laviette,
I would suggest addressing the matter internally by lodging a workplace grievance. If this does not work, you could escalate the matter to an external forum
.
I have been working for eskom rotek industries since 2009 but by then we were still under labourbrokers in eskom holdings,We changed labourbrokers before We were employees of eskom rotek industries finally in 2017
In 2015 we were promised to be taken permanent and we went all the processes of permanent they took CV,went to medicals,fingerprints were taken to check criminal records,on the day of signing we were surprice when we see the contract are not permanent but fixedterm contracts tried to ask questions but we were told if u dnt want to sign leav the contract nd go home
Now the employer is engaging on an unfair dismissal and unfair treatment instead of taking us permanent they are taking us back to labourbrokers owned by former eskom employees and rotek industries employees and we are long serving employees of 9 to 20 years but treated as temorarily employees
We opened a case at CCMA they refered us to MEIBC and now with a new union becouse NUMSA/NUM sold us out we joined APWU since 2020,at meibc the case been prosponed till last year 13/14 december2o21 on the 13december2021 the ruling was out we ddnt get it till january 24 2022 that says we opened a case late we must apply for condonation we were suppose to open the case in 2017 when the injustice started how were we suppose to to knw that becouse we were promised permanent
Now the employer is forcing us to sign medical exit to be moved to service providers (labourbrokers) who will cut more than half of our salaries if you we paid 10000 now you will get 4000 and the service provider is not taking every one and hiring new workers outside
There are many laws broken by our employer in the labour relation act they actually broke every law and we are victims of corruption and we did apply for condonation waiting for the date in the mean time employer still abusing us last week we were on the protest the employer haven't paid us for two months we seek help