LAW FOR ALL CON ARTIST

I took out a LIPCO Platinum Plus Legal Policy in April 2019 with the policy I added my mother as an extended member to the policy to which an extra premium in her contribution is mandatory.

The cover carried on without raising any claims until the 4th of December 2019 just to be exact when my mother was unfairly dismissed from work.

That is when I made the call to LIPCO offices on the 5th of December 2019 to seek legal assistance in filling for unfair dismissal.

My claim was acknowledged and with ***/12/2019 it was then allocated to a legal advisor Zukisa Ngetu whom throughout the whole December 2019 I have been in constant communication with.

He requested documents which relates to the dismissal of my mother i:e Hearing Notice, Suspension Notice and Minutes of the Hearing as well as the Sanction imposed by the company and Notice of Termination.

I was able to furnish him with the following disclosure of the above particulars: The Suspension Notice, The Hearing Notice, Notice of Termination of Service and Sanction recommendations after her hearing was sat down. Zukisa further engaged me to fill out what is referred to as an LRA form 7.11 which basically is an application to the CCMA to challenge the unfair dismissal.

At this stage we have consulted over the phone in terms of why the need to appeal for unfair dismissal at the CCMA and if we do have reasonable grounds to do so and with the statement in correspondence to why my mother is well within reasonable grounds to refute this as unfair dismissal.

In response to what Zukisa has heard he agreed that the company may have executed my mother's hearing Sanction incorrectly therefor the case has sound grounds to be contested at the CCMA.

Submissions were made to the CCMA with LRA form 7.1.1 which also contained a statement of my mother's version of event as to what exactly happen before her dismissal and it reads as follows: (On Thursday the 27 Nov 2019 I got into an argument with one of my one of my colleague Ms Conilah Taso at work. The situation escalated to a point where Ms Taso slapped me on my left cheek. Even though I felt angry, I did not fight back nor retaliate. My manager Sean Garth Wilson, was informed of the incident and he immediately come to intervene and restore peace. He tried to calm us down and got us to proceed with our normal duties. He advised me that if I had retaliated and fought back he would have recommended immediate dismissal for both myself and Ms Taso. However he did not convey the same warning/remark to Ms Taso who physically assaulted me by slapping me on my left cheek. He said a counseling session would be held the following day on the 28 Nov 2019 regarding the incident. On the 28 Nov 2019 I was served with a formal written notice of suspension and disciplinary hearing scheduled for to be eared on the 2 December 2019 at the Bernina premises. I acknowledged receipt of said notice and so I left. On Monday the 02 December 2019 a hearing was held with myself, my colleague Ms Coniliah Taso whom is was accused 2 in the matter, also with us was Sean Garth Willson and a lady whom introduced herself as a presiding chairperson to the hearing. After the hearing was held and adjourned I was advised the outcome/decision will be handed to me tomorrow the 3rd of December 2019 at 14H00 which I noted. On the 3rd of December 2019 while on my way to obtain/receive the outcome of the hearing at bout 13h20, I received a call from Sean Garth Willson to inform me unfortunately they will not be able to deliver the decision today however we have it postponed for the 4th of December 2019. I then confirmed to avail myself on the said date. The 4th of December 2019 came and so I went to the offices of Bernina SA where I was then advised of my dismissal on the basis of having engaged in a physical assault which later broke out with the very same colleague (Ms Taso) and was known to the company to have happened at a Bus Station (In a public sphere) on my way to home moreover after working hours of the Company.

With this being said it imposes a question of the limitations of company’s governance to its employees where one is to engage in a physical assault with a fellow employee outside company’s right of admission premises and regulated official hours. Without overlooking the fact that its employees do not wear uniform or a company’s representing gear to say that it could have brought the company’s name into disrepute in a public space where I can confirm I then retaliated in self defense)

Once this information was furnished to the CCMA she then waited for Conciliation date for the matter to be sat down for. The CCMA responded with the date on the 20th of December 2019 which confirmed a date of the 8th of Jan 2020.

I immediately forwarded this information to Zukisa whom is the respective legal advisor handling this matter, at the same time I attempted to get hold of him telephonically however did not succeed.

I was then only able to get hold of Zukisa after the December holidays of 2019 and with me I have all the correspondence to our telephonic communication in call recordings format. I once again engaged him of what had recently emerged regarding the response of the CCMA which indicated the matter will proceed with Conciliation and with Arbitration should parties not reach mutual resolution at Conciliation stage.

Even though this info was furnished to Zukisa via email at the time of receiving it he however did not go through the content of the attachment to be aware that the matter will be proceeding with Arbitration on the same day of Conciliation, and as per the recording he had to do damage control of submitting an objection for Arbitration to proceed should Conciliation be unsuccessful. (The reason why LIPCO was objecting to the Arbitration to proceed was mainly based on the fact they were not ready to represent my mother even though they had all the elementary factors to her case which was furnished to them before hand).

I remember in one too many calls that I had in communication with Zukisa asking does my mother have reasonable grounds to challenge her unfair dismissal and he confirmed I quote as per one of the recordings "I wouldn't have accepted this to proceed thus far, He further said I could have advised you that we do not stand award to challenge this matter and with that being said I believe your mother has a case"

Finally the 8 of Jan 2020 came for Conciliation and my mother attended with her I went along in support. We Conciliation proceeded to No resolution of both parties i:e My mother's company and herself.

A Certificate of Outcome of Dispute (No Resolution Certificate) was therefore issued by the commissioner and she now had to apply for intention to challenge this matter at an Arbitration stage where an attorney or legal representation is to be available to in her representation.

As we had spoken with Zukisa over the phone of once the outcome has been rendered he be informed so the next recourse of challenging this matter maybe initiated. I phoned Zukisa and spoke to him and advised him that the company and my mother did not reach a mutual agreement therefore we may proceed with Arbitration.

He then made the application on behalf of my mother and submitted it to the CCMA offices, she then had to wait for the response from the CCMA of the date which Arbitration will be eared. On the 11th of Feb 2020 correspondence to the date was sent both my sms and email which was forwarded to Zukisa on an even date. The matter was therefore scheduled to be heard on the 9th of March 2020.

We then spoke once again with Zukisa regarding the preparatory stage of my mother's argument against the defendant whom is her company in this matter. He said we will then request for a copy of employment contract and code of conduct from my mothers employer.

An email was therefore sent to the company and could not furnish the aforementioned disclosure, Zukisa then called me to advise and further said he will now forward this matter to claims team to do what is called an (OT2 ) which basically means they will assess the merits of the case to appoint an attorney for my mother. After confirming the above with me he then said someone from LIPCO's offices will further call me to advise further on this matter.

Seeing the days coming to close of Arbitration date without anyone getting back to me I then decided to call LIPCO's office and find out what is happening, I then attended telephonically by Londeka Sanele whom informed the matter is in her scope and it is to be reviewed by the Merits Assessment Committee. Londeka then said from today which the date was 25/02/2020 it will take up to 7 days for the response from the committee to give feedback, which I noted.

On Friday the 28th of Feb 2020 at about 15:14 I received a call from Londeka Sanele who then SAID TO ME GOOD DAY MR MASHAU HOW ARE? I'M CALLING YOU WITH REGARDS TO YOUR MOTHER'S LABOUR MATTER, THE COMMITTEE HAS LOOKED THE CASE AND YOUR MOTHER IS GUILTY OF THE MISCONDUCT AND THEREFORE THEY SEE NO REASONABLE GROUNDS TO WIN THIS CASE AND WITH THAT BEING SAID UNFORTUNATELY THEY WILL NOT BE ABLE TO APPOINT AN ATTORNEY FOR HER APPEARANCE ON THE 9TH OF MARCH 2020.

NOW ONE WILL WONDER WHAT IN THE WORLD IS THIS, AFTER SUCH DREADFUL PROCESS AND TIME CONSUMING EFFORT ALL FOR LIPCO TO TELL YOU SORRY WE ARE HAPPY TO HAVE BEEN COLLECTING YOUR PREMIUMS SIR BUT WE ARE HOWEVER SPITTING LIKE A TASTELESS PIECE OF GARBAGE. I MEAN THEY LED ME TO BELIEVE THAT THEY WILL BE HELPING MY MOTHER IN THIS CASE THROUGHOUT THE COURSE OF 3 MONTHS TO RETURN A DECISION THAT IS REFERRED TO AS MERIT ASSESSMENT COMMITTEE DECISION.

WHEN I ASKED IF THIS MATTER WAS LOOKED AT FROM THE COMPANY'S CODE OF CONDUCT AND CONTRACT OF EMPLOYMENT THERE WAS NO ONE WHO HAD A CLUE THAT SUCH INFO HAS NOT BEEN FURNISHED BY THE COMPANY NEITHER DID THEY UNDERSTAND THE APPLICANT'S STATEMENT (MY MOTHER) WHICH CLEARLY INDICATED THE INCORRECT CHARGES LEVELED AGAINST, THE INCIDENTS WHICH OCCURRED IN A PUBLIC SPHERE/ PLACE AND SANCTION RECOMMENDATIONS THAT ARE INCONSISTENT WITH THE COMPANY'S DISCIPLINARY CODE. (AS SUCH DISCLOSURE WAS NOT IN THEIR POSITION)

WHAT IS MORE INADEQUATE TO THIS, IS THE FACT THAT THEY VIEWD THIS MATTER FROM THE NAKED EYE AND CHOOSE THE EASY ESCAPE OUT OF IT BY SAYING; WELL: IF MY MOTHER'S HEARING NOTICE SAYS SHE WAS FOUGHT AT WORK WITH HER CO-WORKERS SO BE IT WITHOUT LOOKING AT THE MITIGATING FACTORS OF WHAT IS CONTAINED IN HER FORMAL STATEMENTS OF THE EVENT OCCURRENCE.

I WILL NOT REST UNTIL EITHER LIPCO PAYS ME BACK EVERY PENY I HAVE BEEN PAYING THEM WHEN I OPENED THIS POLICY OR THEY DO APPOINT AN ATTORNEY TO ENSURE MY MOTHER IS REPRESENTED ON THE 9TH OF MARCH 2020. THIS TO ME IS A DAYLIGHT **** IN LURING CUSTOMER'S TO HAVE THEM BELIEVE THEY ARE IN THE COMFORT OF BEST LEGAL POLICY IN RSA MEANWHILE THEIR AIM IS TO ***** MONEY FROM CUSTOMERS IN FALSE PRETENSE OF RENDERING A NONE EXISTING LEGAL POLICY. I HAVE SAID THIS TO A LADY BY THE NAME OF DIMPO WHOM IS THE SUPERVISOR IN THE CLAIMS DIVISION "I WILL GO TO THE HIGHEST CONSTITUTION OF THIS LAND TO MAKE SURE LIPCO IS EXPOSED OF THIS AND ENSURE THAT THERE BE AS MUCH MEDIA ATTENTION AS POSSIBLE SO IT NEVER AND I REPEAT NEVER HAPPENS TO ANY OF MANY VICTIMS OF OUR FELLOW SOUTH AFRICANS.

I EXPECT TO HEAR FEEDBACK BY NOR LATER THAN MONDAY THE 2nd OF MARCH 2020

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