Posted by: Deon | 2009/03/15


The presiding commissioner, who appeared to be biased, indicated that a dismissal relating to operational requirements is, for all intents and purposes, regarded as a retrenchment, event though the requirements of Section 189 of LRA were not complied with. She is of the opinion that my ex-employer acted within the parameters of the law.

My ex-employer indicated to the commissioner that he does not have the money to pay me  my question to your learned guest is the following:

What are my rights in respect of the collection of monies owed to me?
How do I proceed from this point forward in collecting such monies?
What questions am I permitted to raise when we proceed to arbitration?
What is a fair amount to claim in respect of this dismissal _ I am thinking along the lines that he makes a counter-offer at arbitration?
I was unable to register for UIF as there were certain irregularities which have since been clarified. I have, however, still not received an IRP5  this has been reported to SARS Froud

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Our expert says:
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The CCMA does not normally have jurisdiction to decide at an arbitration on dismissals for operational requirements, this should go to the Labour Court. You need to contact the Registrar of the Labour Court so they can give you some advice or to get hold of an attorney.

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