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[L112] WHAT IS UNFAIR LABOUR PRACTICE & HOW TO REPORT IT TO THE CCMA - SA EMPLOYMENT ATTORNEY 

Legal Leaders: South African Labour Law
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21 авг 2024

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Комментарии : 64   
@nivob4076
@nivob4076 3 года назад
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"
@legalleaderssouthafricanla7309
@legalleaderssouthafricanla7309 3 года назад
Hello Nivo We encourage people to stand up for their rights.
@Nazreen9997
@Nazreen9997 3 месяца назад
u will be targeted until u get fired. they will find a way to get rid of u
@mosimarasesemola9446
@mosimarasesemola9446 3 года назад
These are really helpful Mr Moolla. Thank you.
@legalleaderssouthafricanla7309
@legalleaderssouthafricanla7309 3 года назад
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
@thobekilencube7164
@thobekilencube7164 3 года назад
@@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.
@legalleaderssouthafricanla7309
@legalleaderssouthafricanla7309 3 года назад
@@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
@chaslinedwinmcdonald6292
@chaslinedwinmcdonald6292 Год назад
Amazing content
@terrenceselokela5527
@terrenceselokela5527 2 года назад
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.
@legalleaderssouthafricanla7309
@legalleaderssouthafricanla7309 2 года назад
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"
@legalleaderssouthafricanla7309
@legalleaderssouthafricanla7309 2 года назад
For a specific review of your case, please contact us on 031 942 8863
@claudeadams3278
@claudeadams3278 2 года назад
@@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?
@ryanjeopas236
@ryanjeopas236 2 года назад
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
@legalleaderssouthafricanla7309
@legalleaderssouthafricanla7309 2 года назад
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
@melissamaart6422
@melissamaart6422 4 месяца назад
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 .
@ekagelashvily5192
@ekagelashvily5192 3 года назад
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.
@legalleaderssouthafricanla7309
@legalleaderssouthafricanla7309 3 года назад
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,
@thobekilencube7164
@thobekilencube7164 3 года назад
@@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?
@legalleaderssouthafricanla7309
@legalleaderssouthafricanla7309 3 года назад
@@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
@explore.with_nonny
@explore.with_nonny 2 года назад
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
@legalleaderssouthafricanla7309
@legalleaderssouthafricanla7309 2 года назад
Hello @life of Nonny M Sure please contact us via email or phone for specific help in your situation
@legalleaderssouthafricanla7309
@legalleaderssouthafricanla7309 2 года назад
law@legal-leaders.co.za or 031 942 8863
@Nazreen9997
@Nazreen9997 3 месяца назад
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 ?
@claudeadams3278
@claudeadams3278 2 года назад
If you need an attorney, but cannot afford one, what are your options?
@legalleaderssouthafricanla7309
Hi Claude- you can contact law firms who do work on a pro-bono basis
@phonegamegalo533
@phonegamegalo533 2 года назад
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
@legalleaderssouthafricanla7309
@legalleaderssouthafricanla7309 2 года назад
Hello, You may report the matter to CCMA.
@Nyikomathbcjkk
@Nyikomathbcjkk 3 года назад
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 ?
@legalleaderssouthafricanla7309
@legalleaderssouthafricanla7309 3 года назад
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
@Nyikomathbcjkk
@Nyikomathbcjkk 3 года назад
@@legalleaderssouthafricanla7309 so this means they want to start with a procedure were we don’t provide proof and evidence?
@abigailknox-leet6949
@abigailknox-leet6949 3 года назад
Hi Mr. Moola Does this include teaching ? Hard teaching conditions ?
@legalleaderssouthafricanla7309
@legalleaderssouthafricanla7309 3 года назад
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
@lenadams7204
@lenadams7204 Год назад
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
@legalleaderssouthafricanla7309
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!
@snooruddin21
@snooruddin21 3 года назад
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
@legalleaderssouthafricanla7309
@legalleaderssouthafricanla7309 3 года назад
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
@Nazreen9997
@Nazreen9997 3 месяца назад
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?
@Mediabeehigh
@Mediabeehigh 3 года назад
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
@legalleaderssouthafricanla7309
@legalleaderssouthafricanla7309 3 года назад
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
@newdawncrypto5224
@newdawncrypto5224 Год назад
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?
@legalleaderssouthafricanla7309
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.
@vuyondlazi3477
@vuyondlazi3477 2 года назад
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?
@legalleaderssouthafricanla7309
@legalleaderssouthafricanla7309 2 года назад
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.
@vuyondlazi3477
@vuyondlazi3477 2 года назад
@@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
@legalleaderssouthafricanla7309
@legalleaderssouthafricanla7309 2 года назад
@@vuyondlazi3477 Please contact us on law @ legal-leaders .co .za to review your case with our firm
@ricardodebruin9081
@ricardodebruin9081 5 месяцев назад
Can an unfair labour practice be referred by the Employment Equity Committee on behalf of the employees?
@methiology7231
@methiology7231 2 года назад
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
@haniefmohamed3977
@haniefmohamed3977 Год назад
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
@legalleaderssouthafricanla7309
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!
@haniefmohamed3977
@haniefmohamed3977 Год назад
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
@user-ny7bx7rh9e
@user-ny7bx7rh9e 6 месяцев назад
How do I contact your office
@mmasediudigeng6368
@mmasediudigeng6368 Год назад
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?
@legalleaderssouthafricanla7309
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.
@busisiwenjoko7950
@busisiwenjoko7950 Год назад
Hi, can I have the link for the video tha shows how to serve the 7-elleven forn to your employer.
@ebrahimbarendse2916
@ebrahimbarendse2916 2 года назад
Çan employer appeal ccma ruling at labour court employer was absent at hearing it was unfair dismissal hearing
@user-hj4oz2ob6u
@user-hj4oz2ob6u 7 месяцев назад
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
@ZaneleGininda-xg2zk
@ZaneleGininda-xg2zk Год назад
Hi ! If I'm working 3 days a week paying 1800 a month over 12 years
@laviettefaber4763
@laviettefaber4763 2 года назад
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
@legalleaderssouthafricanla7309
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
@emergen-c1425
@emergen-c1425 Год назад
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?
@legalleaderssouthafricanla7309
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.
@moetipinkoane1053
@moetipinkoane1053 7 месяцев назад
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