Attorney Michael de Broglio on: South Africa, Law, Politics, Attorneys, Sport, Photography, Technology, Gadgets, Media, Crime, Road Accidents Fund,
Divorce, Maintenance, Personal Injury, Medical Negligence
I get horrific tales all the time of people who had to pay out at the CCMA, despite all sorts of terrible things that their employee has done. A perception has developed, and to an extent it is true, that the CCMA really sides with employees. Part of the problem however is that people don’t hold disciplinary hearings, and often just fire somebody on the spot for things like theft, etc and as a result they end up paying out not because there was merit to the employee’s case, but because they never followed the correct procedure.
I do think that the CCMA does favour employees more than employers, but if you hold the correct procedure and fire somebody for valid reasons, you will go there on a far stronger footing. An employer obviously always has his or her revenge in terms of the reference that they give, and it is very difficult for anybody to have a hole in their CV or if any call to that former employer will result in a negative reference. On the other hand, if you take a policy of holding fair hearings, and fighting any case that may be brought afterwards, you will find that you are going to win far more cases, as opposed to simply giving in at conciliation and making an offer.
In my firm we object firstly to the conciliation and arbitration process being held on the same day and simply demand that the Commissioner issues a certificate that the matter cannot be resolved and we fight the case the whole way, with the result that, and certainly in the last five years, we have never lost a CCMA case.
The bottom line is, if you are prepared to fight and the facts are on your side, you will not lose – or very often.
Posted by Michael de Broglio on Monday 19-Nov-12
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QGWLN8W2K2H2BE6WXF www.yahoo.com Mathew said:
on Thursday 08-Dec-22 01:10 AM
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HeloEnlaro said:
on Thursday 10-Nov-22 01:11 AM
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QGWNTT70L321I3TWXF www.web.de said:
on Saturday 25-Sep-21 06:03 AM
QGWNTT70L321I3TWXF www.google.com Where are you located ? I want to come to you one of these days
i made a claim for OT owe with the labor board against my ex employer a high firm with unlimited resources , they owe me close to 4000 hours of OT I stopped working for them June 2017 it took a little less than a year for the labor commission to hear my case and a top attorney was there from my old employer . well he starts by saying that our the company has an arbitration agreement and he is going to superior court to file an arbitration against me for theft. I'm like what the hell ? they claimed they have me on camera ? why would they bring that up now ?. how come they didn't go to the police and had me arrested , I have no idea what they are talking about . what is that has to do with my hours owe ? if you have me in take book me press charges and take me to court . for all I know the video i when im actually working and they tampered with the date . since we move computers all over the building is this a tactic to delay proceeding or to have my case thrown out . im not asking for my job back which I lost for something else not theft i worked there thirteen years I had access to thousands of dollars of equipment and nothing ever got lost . .
Margaret O'Connell said:
on Saturday 09-Dec-17 08:21 AM
I have lodged a dispute of constructive dismissal at the CCMA in May. To this day I was not granted any opportunity to say anything about my case. I have a strong case with ample undisputable proof. Yet I get the feeling that the CCMA try every trick in the book to get me to give up on my case. There were no less than 3 occasions the employer repudiated our working agreement, my health was endangered by the deliberate dumping of raw sewage (twice) ... I stayed on the property where I worked. The employer, when I still did not resign, personally threatened me and also threatened me with Nigerians.
Do you take cases of employees and how does payment for services work as I now obviously cannot afford to pay upfront for representation
Regards
Margaret
Kelly said:
on Saturday 23-Sep-17 09:19 AM
I started working for this insurance company the 28th of August, first the employer advised I will get a basic salary + commission. Now when pay day comes his story changes and he refuses to pay me, he hasn't provided me nor the other girl in the office with contracts. There are no payslips, no UIF, no tax nothing. He hasn't paid me and now I have to find a job all from scratch after starting at this company. What can I do, what are my rights? I have bills to pay...
chenise said:
on Wednesday 07-Jun-17 10:59 AM
Good Day,
I hope this email finds you well.
I have a situation on hand that I do now know how to resolve.
the company I previously worked for retrenched all staff, we were given retrenchment letters that stipulated the amount the company owes us, this was in August 2016, the company has still not paid us and are claiming that they do not know when they will pay us. they are still operating though.
please can you help or refer me to someone who can help me.
Peter said:
on Wednesday 07-Jun-17 02:16 AM
in a case hearing,theres this guy who alledged the company that I gave given him 20000 in cash which I never did. the guy made his statement, I didnt dispute. I was asked why didnt I dispute? how can I answer this question?
Peter said:
on Wednesday 07-Jun-17 02:02 AM
in a case hearing,theres this guy who alledged the company that I gave given him 20000 in cash which I never did. the guy made his statement, I didnt dispute. I was asked why didnt I dispute? how can I answer this question?
Shadrack Kganyago said:
on Wednesday 10-May-17 03:03 PM
I was working for Government department and I resigned when I was issued with the disciplinary hearing. after six months I was charged with theft and I won the case at court. The reason that I have resigned was because I was framed and thy have footage of what happened.
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Paul said:
on Wednesday 16-Nov-16 02:46 PM
Call u no respons need help ccma.my nr 0716883038 thx
eubenia kuane said:
on Tuesday 05-Apr-16 04:13 PM
Hi
I have been working for my employer for 1 year four months. He dismissed me without giving reasons, his notice was 5 days excluding holidays, 7 days including. My salary had 4 days short and by the time we got paid he knew we were leaving but didn't update it. When I was hire I was told as a site clerk I will only get terminated when the project finish but to my surprise with no warning forms I was the first to go.
Please advise
Regards
Eubenia
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on Thursday 10-Mar-16 08:04 AM
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maureen said:
on Thursday 19-Nov-15 04:56 PM
My husband won a settlement agreement at ccma and it was agreed that he would resume his duties. But on return to work the owner told him to leave. We have taken it to labour court and have now got a writ of execution against the owner and his business for outstanding salary since he was supposed to start work till current. The owner has also not paid over SARS or UIF. So we will be taking him for this next.
Anja said:
on Wednesday 11-Nov-15 08:13 PM
Hi
I am currently an au pair.
I have a question.
I get paid AA RATES for my petrol which is currently R3.26
The woman I work for is now asking me why I charge her milage from and to my house.
I charge her from my house to work and again from her house to mine.
I feel I have to charge her, as I sometimes go from my house to school to pick up the children. And this is a service I offer them.
She books me for a certain amount of hours and I bill her with my hours and my milage.
Please let me know whether this is in order.
Kindest Regards
Anja
Delon said:
on Tuesday 04-Aug-15 09:26 AM
Hi, I wanted to gather information regarding wages/salary. I have my niece who lives with me that works for SM Mining Johannesburg and it is now the 2nd month that her boss is giving her the run-around for her salary. Because of this, it has resulted in not purchasing groceries and making it difficult for us to live. I have contacted her boss Donovan on numerous occasions explaining the situation and he has promised to come through with her wages but then does not and switches he's phone off. What legal steps can be taken in this regard and to whom may I contact urgently?
I really look forward to hearing from you soonest.
Regards,
Mr Heathcote
jade said:
on Monday 13-Jul-15 10:52 PM
Hi There , I was recently retrenched from my job, my employer claimed redundancy, now 2 months down the line I find out my previous employer has began spreading a rumor that I was directly involved in bringing her company down, can I take this company to CCMA for this? Do I have a Valid case?
Tshavhi said:
on Saturday 25-Apr-15 08:30 PM
I have a case at CCMA,A Compalinant (Mine Manager) of a company in the Mining Industry claims that i Either orchestrate/being involved/and or had knowledge of a process wherby a chrome was removed from the mine premises without company's permission or authorisation,but he can not provide a tangible evidence of proof to substantiate claims of gross misconduct against me and the matter was not even reported to the SAPS. He wanted to compansate me at concilliation but i refused because i've got absolutely nothing to do with the claims. The case is now going for Arbitration. Can an Employer fabricate the story for his mistakes just to save his Job by framing an Employee?
faroeshka said:
on Friday 27-Mar-15 03:18 PM
Hi there I have a problem I've worked for a company for 8 months
Work in the company did the work but for a recruitment agency
They appionted everyone on the shifts but not me I was an operator
They gave me a seasonal job 2 months for the year can I open a
Ccma case against them due to my injury me and another coleag was said 2 that the don't have posistions for us but the employing 20 people from outside can you plz help me I need advice
ellen smith said:
on Monday 02-Feb-15 08:24 AM
the CCMA in cape town is corrupt and certain commissioners are dishonest and lie and protect the employer . I have a ccma agreement from 2008 which is not worth the paper its printed on because the commisioner Marietjie van Rooyen is corrupt . The employer is a lawyer from Somerset west and coincidentally so is she , She is also the same age group as the employer. I have never received my money due to me which included 4 months outstanding salary
said:
on Tuesday 27-Jan-15 01:27 PM
866329
deon govender said:
on Tuesday 26-Aug-14 07:15 PM
I was unfairly dismissed on hearsay eveidence.I was accused of theft.the drivers in my company was involved and somehow dy mentioned my name.I was a Supervisor, did my job honestly and worked 7days aweek.they have no solid evidence etc.they told me that they can't trust me anymore so they wil have to dismiss me.
Refilwe said:
on Monday 04-Aug-14 11:10 AM
Good day I have worked for a company for 6 months and he wanted me to work for the position that I did apply for so I declined and now I have got my pay. Please help
Andrea said:
on Wednesday 30-Jul-14 09:15 PM
Good day
I started working for a small home based company 1 July 2014 and left 25 July 2014 due to personal reasons. My boss has still not paid me for the amount of days I have worked. I did not sign a contract with her as she did not offer me one it was just a monthly salary every month of R5000.00 no uif,tax or any of those sorts. I have not received my money yet and she has opened a case against me for theft. What can I do to get my money back and sue her for false accusations and name slander I demand c0mpensation am I allowed?
Regards
Sakkie said:
on Monday 28-Jul-14 11:32 PM
Can an employee make a ccma claim for unfair dismissal while still receiving full salary?
Lisa said:
on Monday 23-Jun-14 12:12 PM
Hi There. I just wanted to find out if I can contact the CCMA with regards to having left my workplace of 16yrs end of April 2013. I was pushed to resign. Have I left it too late? I haven't had the strength to take them on up until now!
Jade said:
on Monday 16-Jun-14 11:56 PM
Hi , I worked as an Au Pair for a family in Cape Town , the father is a very prominent figure in Cape Town/South Africa and I have heard stories about how he doesn't abide by the law and thinks he is above it.
I started working for this family in match and because I started mid march he paid me R4000 for the month, I drove 60km a day and worked an average of 12 hours a day, in general he exploits everyone who works for him. I resigned at the end of April as this job took a toll on my health and emotional state, he refuses to pay me for April and thus far all I've revived is R4000 (driving 60km per day for almost 2 months) this amount includes all of my hours & petrol and he says he overpaid me. I am so aggravated as he is someone who is aiding corruption in this country and exploits all of his employees. Also , I worry about my dafter if I have to expose him as he clearly has no morals and won't hesitate to threaten my life (he has done so to others in the past) I need some to know how to handle this, can anyone offer some advice please????
madelein said:
on Thursday 08-May-14 04:59 PM
My former boss don't want to pay my last money after a dismisal I'm 7 months pregnant and a ccma person said they have till the last day of april to pay all out standing money owed to me. What can I do
malcolm said:
on Monday 04-Nov-13 07:19 PM
respond on julie's & Michael remark (on Monday 19-Nov-12 12:15 PM)You won't be dismissed if you're a good worker - period. What if you are a threat to your managers for her position. I am that good but she worked me out with the help of the 2 worst performers on the job. Michael never did the job while the manager get the pay.
Gill said:
on Tuesday 03-Sep-13 12:42 PM
Here's my story, I was offered retrenchment and my last working day was 31 March 2013. I was with the company for just under 8 years and received not a cent of my severance package. I went to the CCMA completed the necessary documents and was present for the "conciliation", my ex boss sent his sister to represent him as he is based in JHB. She claimed he did not have the money to pay me out, despite knowing by law that he had to. The case went to arbitration and it was ruled in my favour.vMy ex boss was present and his smug attitude was that he knows he has to pay me but cant at the moment. I had to be paid by 30 June 2013. To date I have still not received one cent. With numerous trips back and forth to the CCMA, I collected the papers that I need to have served on my ex boss. Thing is I am in Cape Town he is in Johannesburg and to get the sheriff of the court to serve the papers on him is going to cost me R1200 which I don't have. Perhaps a discussion should be started on how employers get away without paying severance packages and the "lowly" employee can do nothing about it. There is a lot more to this!!!!!!!
nadene said:
on Sunday 19-May-13 10:58 AM
Employees have a right and employers often take advantage of this especially if you do not have a union or anyone to represent you, they feel they can walk all over you. I'm glad there is something like the ccma that represent employees.
Dezi said:
on Saturday 18-May-13 12:31 PM
Julie /Michael
I disagree. I am a good worker, currently suspended for almost a month. My manager -dishonest - I was suspended not because I a bad worker but they "protected" my manager because she is top management. I filed a report with the Department of labour which did an inspection and served my employer with 2 notices of contravening the Health and Safety act. So in short be honest at work does not always pay - when managers need to protect each other they will do it at all cost. PS I work for one of the largest companies in south Africa - who did not even follow their own internal procedures.
Dig said:
on Friday 26-Apr-13 11:23 AM
Hi Michael - I am looking for legal representation for a arbitration case I have in early May. Please email me your costs.
Lucretia said:
on Wednesday 21-Nov-12 08:43 AM
One thing I have come to realise in the work place, 9 out of 10 employees who take the employer to the CCMA, refuse to admit the problem is with them, regardless of the amount of warning letters they have received. You will always get these people and, it is these very people you need to make 110% sure your documents are in a row because, they WILL try their luck at the CCMA.
Tans said:
on Tuesday 20-Nov-12 04:37 PM
With our country's history, an organization like the CCMA was inevitable. However, in trying to right the wrongs of the past against employees, they have bent over backwards too far against employers. The result, of course, is that this may affect foreign investment into SA and therefore stop the creation of jobs that are so desperately needed.
Safia said:
on Monday 19-Nov-12 05:40 PM
get the taste of working in US and then you will understand why they are so succesful as a country. There is no CCMA, if you are lazy the boss says :"You are fired" and you go with your box within 15 min.You wont whine into a shoulder of a commissioner at CCMA.
If you are a hardworker and you try, you will make it to the top ,will buy a nice house and a nice car. This is true capitalizm.
Michael said:
on Monday 19-Nov-12 12:56 PM
Julie's comment says it all.
Julie said:
on Monday 19-Nov-12 12:15 PM
You won't be dismissed if you're a good worker - period.
Cherise said:
on Monday 19-Nov-12 12:02 PM
Robyn took the words out my mouth. I agree 100%.. However there are some cases where people are let go for unfair reasons and those cases that get won by the employee is only fair.
Robyn said:
on Monday 19-Nov-12 07:47 AM
Most of the time the employee's version is much worse than it actually was and if you followed procedures properly and you have proof of this, I don't see how you can lose. Employees normally THINK they work harder than they do and that they NEVER deserved to be fired but if you're really true and honest with yourself, you'll never take that step and risk your future at other firms to fight a CCMA case.
Johannesburg based attorney specializing in personal injury matters including Road Accident Fund claims and medical negligence matters. My interests include golf, reading and the internet and the way it is constantly developing. I have a passion for life and a desire for less stress!
