Posted by: 2 de ccma case | 2009/03/21

Please help me

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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I'm not sure if you've been to the Arbitration or if it was just conciliation. If just conciliation you do need to go to Arbitration. You need to prepare yourself with a proper bundle for the arbitration and you can prove that the Section 189 was not adhered to and therefor you can claim anything up ;to 12 months salary.

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