sP
sibukosethu P
1 reviews | Active since Oct 2022
28 Oct 2022, 09:11
unfair dismissal, JAMAFO union incompetency
Good Day
Please help assist I was unfairly dismissed at Pick 'n Pay (Liberty Mall, Pietermaritzburg), my union JAMAFO is failing to assist me with launching a case against the company due to personal emotions even though I have been paying them for 5 years. My infant had respiratory complications and I was denied family responsibility leave and attending to her needs, with that the store manager chose to label it as absconding when he failed to recognize my government issue medical report.
*** Kind Regards Rick Pierce
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CCMA_SA's replyOfficial
28 Oct 2022, 09:53Hi Sibukosethu. Thank you for contacting us. You may lodge a dispute personally without the assistance of your trade union.
Please note that in terms of the Labour Relations Act the dismissal of an employee may be legitimate on the grounds of capacity or conduct of the employee and operational reasons of the business. Should the dismissal be due to the capacity or conduct of the employee, the employer must afford the employee an opportunity to state his/her case prior to the decision being taken. A dismissal is unfair if the employer fails to prove that the reason for dismissal was fair, and the dismissal was effected in accordance with a fair procedure. As a dismissed employee you have a right to refer a case to the CCMA within 30 days of the date of dispute if you feel that the dismissal is unfair. You may click on the following link herein to lodge a dispute online: https://cmsonline.ccma.org.za.
Please note that in terms of the Labour Relations Act the dismissal of an employee may be legitimate on the grounds of capacity or conduct of the employee and operational reasons of the business. Should the dismissal be due to the capacity or conduct of the employee, the employer must afford the employee an opportunity to state his/her case prior to the decision being taken. A dismissal is unfair if the employer fails to prove that the reason for dismissal was fair, and the dismissal was effected in accordance with a fair procedure. As a dismissed employee you have a right to refer a case to the CCMA within 30 days of the date of dispute if you feel that the dismissal is unfair. You may click on the following link herein to lodge a dispute online: https://cmsonline.ccma.org.za.
CCMA_SA's reply28 Oct 2022, 09:53
Official
Hi Sibukosethu. Thank you for contacting us. You may lodge a dispute personally without the assistance of your trade union.
Please note that in terms of the Labour Relations Act the dismissal of an employee may be legitimate on the grounds of capacity or conduct of the employee and operational reasons of the business. Should the dismissal be due to the capacity or conduct of the employee, the employer must afford the employee an opportunity to state his/her case prior to the decision being taken. A dismissal is unfair if the employer fails to prove that the reason for dismissal was fair, and the dismissal was effected in accordance with a fair procedure. As a dismissed employee you have a right to refer a case to the CCMA within 30 days of the date of dispute if you feel that the dismissal is unfair. You may click on the following link herein to lodge a dispute online: https://cmsonline.ccma.org.za.
Please note that in terms of the Labour Relations Act the dismissal of an employee may be legitimate on the grounds of capacity or conduct of the employee and operational reasons of the business. Should the dismissal be due to the capacity or conduct of the employee, the employer must afford the employee an opportunity to state his/her case prior to the decision being taken. A dismissal is unfair if the employer fails to prove that the reason for dismissal was fair, and the dismissal was effected in accordance with a fair procedure. As a dismissed employee you have a right to refer a case to the CCMA within 30 days of the date of dispute if you feel that the dismissal is unfair. You may click on the following link herein to lodge a dispute online: https://cmsonline.ccma.org.za.