Labour Law

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Unfair Retrenchment

Question: I was employed at Anglo Platinum Rustenburg since 3 March 2008, to do a Sec28/MQA electrician course to be acceptable for them, since they don’t accept Olifants fnt Certificate’s. I was retrenched Dec 2008, but on my termination form it said “resigned”? I couldn’t claim UIF and are still unemployed because no other company accept their MQA-certificate! Now when I tried to get a job by them (like we was promised), They tell me that management do not accept their Certificate’s anymore? So I Wasted all my time for a certificate that’s worth nothing, couldn’t claim UIF and must still wait until May before I may apply for my few bucks pension! In the mean while I can even afford my rent and give my CV’s in all over South Africa, and no one accept this certificate.

Answer: As much as I would like to help you, you have one inherent problem, in that you have left your query too long and it is now out of referral statute. A person has 30 days within which to lodge an unfair termination dispute with the CCMA. You will now have to make an application for condonation to the CCMA as to why you are referring the matter to them so late. You will have to set out valid reasons as to your lateness of your application, chances of success and validity of claim. Basically, it is not an uphill battle, bearing in mind that your employer (as seen in your original mail and omitted for legal reasons) is an extremely large mining concern and will have any amounts of money and resources available to them. I honestly do not believe you have much chance of success in pursuing this and suggest that you take what moneys are due to you, get a recognized trade test and move on with your life.

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