[L124] WHAT TO EXPECT AT CCMA FOR UNFAIR DISMISSAL
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- เผยแพร่เมื่อ 6 ก.ค. 2024
- In unfair dismissal cases at the CCMA, it is usually the employer which starts at conciliation or arbitration hearing. First the employee must show that they were dismissed from work. The employee can use the dismissal letter as proof of dismissal. Once the employee shows the dismissal, then in terms of the Labour Relations Act the Employer must justify why they fired the employee. This is called substantive and procedural fairness. If the employer cannot show this, then it will be deemed to be an unfair dismissal.
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💼 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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=== TIME STAMPS===
00:00 What is Unfair Dismissal in South Africa?
01:03 Who starts at the CCMA?
02:20 Practical tips to prepare for CCMA case
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=== RESOURCES CITED IN THIS VIDEO===
Labour Relations Act 66 of 1995
=== LEGAL DISCLAIMERS ===
Legal Disclaimer: This video recording is for educational purposes only and should not be considered as the rendering of legal advice. The viewing of this recording does not create an attorney-client relationship with Aslam Moolla. Please consult an Attorney to get specific legal advice to your specific situation
#Labourlawyer #unfairdismissal #ccma
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I have a case at mibco for misconduct, I work at the garage as petrol attended. I dismissed for fighting but I did fight back while am serving a customer. They is footage at work but they said I breaked law . So what do I do with or respond to the questions.
I was dismissed 3 years ago do i still have a chance for my case.i was working in the prison for 11 years got in a fight with a inmate which resulted in serious injuries got depressed was suspended for 3 months never received any counseling so it affected me so much that i could not perform my duties
Can you represent yourself at conciliation?
From Lloyd hartzenberg thanks so much
You are most welcome!
I just want to say thanks your videos are very help full and it makes me feel like I stand a chance at my case on the 15 March off this month for being wrongfully fired
Hello LLoyd
Thank you for the positive feedback!
All the best for your upcoming case.
Of-course, if you need assistance you welcome to email us at:
Law@legal-leaders.co.za for help.
Yours sincerely,
Aslam Moolla
Attorney
How did it go? I'm freaking out! Can we chat?
I fully understand that you have to make a first impression by dressing good, or be confident, but a very high percentage of people living in rural areas are still being subjected to systemic intimidation and might not have that confudence to present a believable case, so we are faced with a dilemma of illiteracy and a low self- esteem among our people and it would be interesting to see how such a person, who does not fit into the norm of the system are being dealt with.
This is really informative...i am dealing with an unfair dismissal case..first hearing at CCMA was tough as much as i believe in my case i would really like to know from an attornys point of view if im heading the right or wrong direction...what are the chances of me getting justice.
Hi Nonhlanhla
What is your unfair dismissal case about?
Have you received legal advice about your situation?
The best way to prepare for a CCMA case is to actually sit down with a specialist labour lawyer and go through the facts and evidence of your case.
If you would like to speak to us about your case, you welcome to contact us on 031 942 88 63
All the best
Aslam Moolla
Legal Leaders SA
Thanks for the great video.
What if you were not given a letter of dismissal. I worked for 3 months and had no prior warnings written or verbal, I was just told im not where I am supposed to be in terms of the project and that they are terminating my contract and that I should not come to work the following day. To add some context to the project, I had just graduated and applied for a job at an investment firm as an IT developer, I was given a website to do from scratch from design to deployment and they expected it done in 2 months working alone with no guidance. The design was changed by them several times and when the website was a day away from deployment they had changed the entire website design at 5pm end of business, when starting the new design the following day I was called in and told im not where they want me to be, I should hand over my project to a different employee and that I will be given my monthly salary the next day (25th of the month) and to not return the following day. Within the day of packing up and handing over my project I noticed that they had hired a different employee on the same day. I was not given any letter of dismissal and have never had prior warnings. Would i have a case?
Hey Rumana, looks like the company did not follow any procedure. Neither did they give you an opportunity to present your side of the story. Based on what you stated there, you may have a case.
Thank you so much for the reply, do you do cases in Gauteng
@@rumanavally9146 Yes we take cases nation wide.
Please contact us on 031 942 8863 to discuss your options
Ive just received an sms saying in favour of employee it means I've won the case so i want to understand how will i receive my award
CONGRATULATIONS! 😊
Usually by email. The award will be sent to you
Please answer!! Can you be fired for asking a fellow colleague to buy alcohol for you during work hours, the alcohol wasn't in my possession or company vehicle but was in hes.this is my first offence.
Hello Michael
Please contact us on law@legal-leaders.co.za to book a paid appointment with our offices so that we can properly go through your evidence and assess whether you have a strong case or not.
Speak to you soon
Aslam Moolla
Attorney
Is it possible to change your version at CCMA hearing?.
If it's possible won't the employer use the minutes to show you are now changing your version?
Hello Vuyo
Changing your version is risky. However you can introduce new forms of defences at your CCMA hearing
This is very informative, I’m preparing for a case for the 23rd of June.
All the best! @nelisiwe
@@legalleaderssouthafricanla7309 thank you
how did it go today is 27
How did it go?
It didn’t go well we couldn’t settle on the conciliation so now I’ll be attending arbitration on the 11th of August.
What you dismissed but not given any letter, how can I proof that I was dismissed.
Hi Sydney,
Do you have a WhatsApp or email confirming the dismissal?
If not, you should still refer the matter to CCMA (if you plan on challenging the dismissal)
The company will either confirm or deny this at CCMA
Hi sir I need your help
Trying to get the link,to setip an appointment pls assist
Hello Vicky
Sure. Please email us on law@legal-leaders.co.za to book your appointment.
What if the employee do not have proof that he or she was dismissed. Person was dismissed via a phone call.
Hello,
In terms of labour law you should get a written outcome. If you did not then you can challenge this at the ccma
Regarding our consultation services, if you feel that you require more personalized advice, we offer consultations for an R850 fee. You can book an appointment through our website by searching for "Legal Leaders" on Google.
For quicker access to us, you can also save our WhatsApp number: 068 298 0918.
Speak soon,
Hi Aslam..wat does in favour of an employer means..does it mean ccma has favoured them an i lost
Thank you for your comment, Yvonne!
This usually means that the decision benefits the employer.
If you require further assistance or information, please do not hesitate to contact me via our website at Legal Leaders - Moolla Attorneys Inc.
I look forward to hearing from you!
What about constructive dismissal
Hello Tintswalo
Good question. We covered Constructive dismissal cases at the CCMA in detail on our channel. Please click on the channel logo for more information.
All the best!
Aslam
Hi can I provide new evidence after Arbitration?, I attended yesterday
Thank you for your comment, Sbusiso!
Was the matter resolved at Arbitration and are you awaiting a ruling? Or is the matter being set-down for another date?
If the matter has been resolved and it ahs been closed, then no new evidence or arguments may be presented.
I hope the above was helpful!
Hey Sbusiso; where can I contact you sir?
Where can I email my 7.11 form for ccma in Durban kzn ? Could you please give me the email address
The email address may be on the CCMA form.
@disney