I have been suspended from work with pay. My employer did not provide charges. I lodged a case with CCMA. My employer still could not provide charges and the CCMA accepted the case and ruled that my employer cannot then charge me until after arbitration. Arbitration application was filed. My employer then submitted a application for review at the Labour court. This is still pending, however they proceeded to send me charges (allegations)Can I now apply to the Labour court for an interdict to suppress these charges (allegations) until the arbitration has been completed
Hi, I’m a moderator for this topic and I wonder whether you’re still waiting for an answer. If you are, please let me know and I will do my best to find a professional to assist you right away. If not, feel free to let me know and I will cancel this question for you. Thank you!
Good day,I was suspended on 28th March 2012 without charges or details, I lodged a complaint at CCMA which when we attended on the 9th May my employer told the CCMA they were still not ready to give charges. The commissioner then issued a certificate stating the matter was unresolved - my complaint was unfair suspension. The commissioner stated that the CCMA could hear the matter & advised me to apply for arbitration, which I did. My employer then lodged a complaint with the labour court asking for a review of the CCMAs ruling. I asked CCMA what I should do. I was told to continue & get a lawyer - which I did. Arbitration was on 20th June, I went with a lawyer. The matter at CCMA, I agreed to let the matter pend until the labour court rules. My employer emailed charges to me on 18th June, but told me I may not prepare my defence until 2 weeks after they emailed the charges to me. My question is: should I accept the charges whilst my employer still has a complaint lodged with the labour court, or must I apply to the labour court for an interdict to stop the internal process until the labour court rules?Indications of the charges are that I am not guilty, and the Company is still not ready to proceed with the case as they told me they are not fully prepared yet & that is why I may not start to prepare a defence. It appears to be unfair labour practice with elements of victimisation.I have decided not to continue with my lawyer as his behaviour during the CCMA case was unacceptable, I will endeavour to find a more suitable lawyer as well.
Sometimes, finding the right Expert can take a little longer than expected and we thank you greatly for your understanding. We’ll be in touch again shortly.
Thank you for keeping me posted.I look forward to your response once you have found the correct expert on this matter.
Thank you for your patience, your business is very important to us, we are waiting on a professional with the right expertise to come online. Feel free to let us know if you would like us to continue searching for a professional or if you would like us to close your question. Thank you for your understanding!
Please continue. I would appreciate it if you can get an answer for me..
Hi There - Ive seen you are waiting a long time for an answer so I will try to assist you although I am not a Labour Law specialist. It makes no sense that whilst the review application is pending that they should now press ahead with the disciplinary charges and hearing. It would seem as you say that they are simply trying to make right what they have done wrong. You can apply to interdict the charges pending the review but it sounds like their suspension is bad in law. I would definitely find a labour expert to assist you and make sure you are not prejudiced by the Companies actions. I must just add that you need to separate the 2 issues. If the suspension is bad it doesn't mean the Company cant charge you if they feel you have a case to answer. The charges can always come after a suspension but the suspension needs to agree with the law. If you are comfortable that you can beat the charges then just keep giving them hell and you will probably find that they will have to come to a settlement with you which should be on very favourable terms. I really hope this helps and wish you the best of luck. Please remember to give my advice a rating - good or bad (Hopefully Good :)) Regards
All areas of commercial and contract Law - specialist in property advice.
Hi - Thanks very much for accepting my answer. I wish you the best of luck going forward - Regards.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).