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CaseLaw, Attorney
Category: South Africa Law
Satisfied Customers: 1264
Experience:  BCom; LLB; Masters in Law
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I had a employee working than 3 months i told m that he can

Customer Question

Hi i had a employee working for me for less than 3 months i told him that he can help me for 3 months this was verbally now he took me to the CC MA for unfair dismissal. I could not be at the meeting now they send me a sms saying the case is in fa four of employee they will send me the Award
What must i do
Thanks Japie Diederiks
Submitted: 7 months ago.
Category: South Africa Law
Expert:  CaseLaw replied 7 months ago.

Hi there Japie,

Well, firstly I think that you had a good argument to be made that this person was never an employee, but rather a contract worker who would assist you for a fixed term contract of 3 months. If that is the case, then he could never have been "fired" and he could never have gone to the CCMA and lodged a claim for unfair dismissal.

Your PROBLEM however is that you missed the hearing date. You've basically missed the trial, and the CCMA has given an award in your absence.

If have a REALLY good reason for not being able to make the hearing you could apply for a rescission of the award. You'll need to set out full reasons - and I can tell you that there are not many. Unless you were dying in hospital, you should have been there, or arranged that somebody from your company is there.

I don't think that you have good grounds to challenge the award.

You also can't take the award on appeal since there is nothing to appeal. The decision which the CCMA handed down was based on all of the evidence which was before them at the time. You didn't have any evidence to present, so you can't appeal the award.

In my opinion you are going to have to comply with the award once it is received.

I'm sorry to say....

If my answer hasn't answered all of your questions, please send me a REPLY with follow up questions so that I can continue to assist you in this same thread for as long as you need. Let me know if you need more advice - dont just rate my answer as "bad".

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Good luck and best regards,


Expert:  CaseLaw replied 7 months ago.

Hi there again,

I see that you've read my answer and I hope that you understood the answer and that it was useful? If you have a further question please ask it, or if you need clarity on the answer please let me know.

If you're happy that I've answered your question, please leave positive feedback for me.