Unfair dismissal – One of our clients shares her story of how we helped her get her job back
It goes without saying that we all need a shoulder to cry on from time to time, especially if our shoulders are weighed down by legal notices, complicated contracts or the prospect of having to stand up in court and defend our fundamental rights. And while your BFF can be there for you after a nasty break-up, he/she might not have the expertise or qualifications to help you through an unfair dismissal case, for example.
This is where LAW FOR ALL’s expert legal services come in handy, and Sarah*, a highly educated nurse and caretaker of orphans in Tshwane, couldn’t agree more.
For years, Sarah felt like she had no one she could turn to for help until she knocked on LAW FOR ALL’s door. “I was unfairly dismissed, and no one wanted to help me. After years of service, I was treated like rubbish and lost everything. Nursing was my dream since I was a small girl, and taking care of people in rural areas is my passion. I worked so hard to get where I wanted to be in life and to have had that taken away from me hurt,” she explains.
One of LAW FOR ALL’s legal professionals, Anitah Masingi, joined Sarah’s corner and started fighting for her: “Sarah was underpaid, misused by hospital management, and lost her job unfairly. She took the matter to the CCMA, which referred the matter to the MEC for Health. Here, the case went nowhere for two years,” clarifies Anitah.
Sarah approached LAW FOR ALL. “We sent legal letters to the MEC and entered into negotiations immediately,” explains Anitah. “Thankfully, Sarah was reinstated soon after, and we managed to negotiate a position for her at a clinic closer to her home.”
Months later, a relieved Sarah expressed her gratitude: “LAW FOR ALL cared enough to help me! They took away all my doubt and troubles! I can walk tall knowing I have caring lawyers by my side!”
TAKING YOUR UNFAIR DISMISSAL CASE TO THE CCMA IN SOUTH AFRICA
- Approach the CCMA and complete referral documents
If you have decided to lodge a dispute, you need to complete the LRA form 7.11 at your nearest CCMA office. You have to submit the complaint within 30 days.
TIP: Remember to sign par 11 to split conciliation and arbitration.
- Deliver the referral document to your employer
Once you have completed the 7.11, you need to send a copy to the employer via fax or registered mail.
REMEMBER: Keep the fax transmission slip or postal receipt as proof.
- Send the completed referral document and proof of delivery to the CCMA
It is advisable to send the referral documents and proof of delivery to the employer and the CCMA via fax, or hand-deliver at the nearest office.
DON’T FORGET: Keep proof of delivery in case something goes wrong.
The CCMA will inform both parties of a date, time and venue for the first meeting, known as Conciliation. The goal of the meeting is to reach an agreement that is acceptable to both parties. Unfortunately, legal representation is not allowed at this stage.
If no agreement is reached, the CCMA will issue a certificate, and the matter can be referred for Arbitration (within three months). You will have to complete an LRA form 7.13 and deliver the same as in steps 2 and 3. Arbitration is a formal process where evidence is presented to prove your case. Legal representation is allowed at Arbitration.
- Arbitration Award
An Arbitration Award is a binding decision, and if the employer does not comply, it may be made an order of the Labour Court.
To get our caring team of lawyers on your side in tricky legal situations, have a look at our affordable legal policies.