[L137] UNETHICAL EMPLOYER BEHAVIOR: PART 3 OF 3 - EMPLOYERS ANTICS & TACTICS TO DELAY A CCMA CASE

This is part 3 of a 3 part interview shot with one our clients, who experienced an extreme case of employer bad behaviour. His matter occurred in August 2017 to February 2018.
This video focuses on the tactics the employer adopted: From unjustified allegation s of criminality, to contacting the clients’ parents, to the misuse of protection orders. In total there were 5 CCMA appearances, and 4 appearances in front of a magistrate.
Post-production note: Although not covered in this video, the end result was the company was liquidated, and the director and his wife were both sequestrated. They both fled the country. The staff member who took out the protection order was ordered to pay costs, and a case of Crimen Injuria was opened against her.
Link to Video 1: • [L120] UNFAIR EMPLOYER...
Link to video 2: • [L119] UNETHICAL EMPLO...
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=== ATTORNEY INQUIRIES ===
CONTACT: Aslam Moolla
EMAIL: [e-mail]
WEBSITE: www.legal-leaders.co.za/servi...
=== ABOUT ASLAM MOOLLA ===
💼 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 Intro
01:00 Many employers fear the CCMA
01:35 Character Assassination
02:35 Employer contacted clients parents
03:55 Allegations of criminality | Mixing criminal and Labour Law
05:30 Unlawful use of a private investigator
05:50 Unlawful use of Protection Orders
08:05 Employer requests senior CCMA commissioner
08:55 Employer claimed ill-health
09:45 Employer objects to Con/Arb
10:10 Is it worth it?
11:05 Summary
🔔 Subscribe for more
=== RESOURCES CITED IN THIS VIDEO===
Labour Relations Act - South Africa
=== 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
#disciplinaryhearing #labourlawyer #ccma #unfairdismissal
If you found this video helpful, please make sure to give it a thumbs up and subscribe

[@petuniaparasi892]

I am suffering delay in my case. I am so encouraged to wait and see my case through. Thank you so much🙏🏾

[@legalleaderssouthafricanla7309]

You welcome Petunia
Its very important to prepare properly for an unfair dismissal case.

[@seimela]

​@@legalleaderssouthafricanla7309 please update

[@eugenevoltaire8681]

Expose these unscrupulous employers and bring them into the open. Shine a spotlight on them

[@legalleaderssouthafricanla7309]

Definitely! Thank you Eugene
That is why we have the CCMA in South Africa
It is set up in terms of the Labour Relations Act to challenge unfair labour practices and unfair dismissals

[@helenwaters3722]

Thank you for your interview 💐 I won't give up either.

[@legalleaderssouthafricanla7309]

Thank you for your comment, Helen! I am glad it was helpful.

[@marithatheron8406]

This is exactly what I am going through at the moment. He even sent CCMA an e-mail threatening them with a lawsuit because they allowed me to file a case against him

[@charlsmith6548]

This seems so into what happened to me

[@getalifestopspyinghacker3285]

Very useful. And I can relate.

[@legalleaderssouthafricanla7309]

You most welcome! Thank you for the positive feedback :)

[@radz_LnL]

Well done for pushing ahead and winning your case.Interested to know whether client continued work after the CCMA award

[@douglasnelson4985]

Hi Radhika - good question! As it turns out, the employer was using these delays to buy time to 'sell-off' major assets, and for a family member to bring an action to liquidate the company (sometimes referred to as a friendly liquidation). Fortunately, we found out, and alerted the Master of the Court and other roleplayers. As a result, the owner and his wife were sequestrated. They fled the country, with SARS on their tails. The foreman, after reaching an agreement with interested parties, has subsequently, and through a new trading entity, 'taken' over the company.

[@legalleaderssouthafricanla7309]

Thank you @Radhika Singh

[@mamtikaba3925]

My employer tried to sneak in a senior union official to a con/arb by pretending to be a director of the company because they shared a similar surname. How do I handle this at ccma?

[@legalleaderssouthafricanla7309]

Hello Mamti
This is highly unethical!
At the next hearing, you can object to the representative of the company.
You can do this by asking the employer to show proof of their relationship with the company.
We would suggest that you take proper legal advice to prepare an argument for this.
You welcome to book an appointment with out office where we can assist you. [e-mail]
All the best!
Aslam Moolla

[@mamtikaba3925]

@@legalleaderssouthafricanla7309 Jazakallah akhair...am in Joburg and currently have no money since I am suspended with no pay, no misconduct on my part

[@btmsportspersonel.2381]

We final got the hearing after 6 months and its still ongoing but the employer is threatening a review at the labor court if we do take the crazy offer which they offering our case is water tight man even after 14 years we will win these big Bank playing stupid games .

[@legalleaderssouthafricanla7309]

Hello,
The threat of review is always there. But the principles of labour law must stand. If you were unfairly treated then you need to be given your justice
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. Remember, booking a consultation is optional, and there's no obligation.
For quicker access to us, you can also save our WhatsApp number: 068 298 0918.
Speak soon,

[@user-uc6zy3sb1k]

hi, I have dismissed by Anglo-American mogalakwena, but I wonder why union refused to take my case further

[@Am.958]

Have you received assistance?

[@ttma4476]

My employer has sent a letter telling me that my basic salary is being stopped and that I will be a commission earner.
I requested a consultation, employer refused and said "Lock down affected the entire economy "
I told employer this is a unilateral decision and change of employment contract, I have not consented and this instruction can't be effective until we negotiate and and consent. Employer went ahead and effected the change. I am now, With a salary of R2500 from a salary of R14 000. Can't pay my already in arrears car.

[@legalleaderssouthafricanla7309]

This could be a classic abuse of power. What about TERS monies that were due to you?
We suggest that you refer the case to the CCMA.
If you want help setting up and preparing your case, you welcome to book an appointment with our office.
We can be reached on [e-mail]
All the best!
Aslam Moolla