CCMA Process

Stillie

Stillie

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Good day all,

I wanted to find out what the process is for CCMA?

My Girlfriend had 2 jobs with the same employee at different schools. Morning she is a teacher and in the afternoon she was managing the aftercare at another school.

She goes on maternity leave, with an email from her employer stating that her positions will still be available when she returns.

She returns from Maternity leave, only to find out when she is called in a meeting that they dont need her for the afternoon job anymore. They have replaced her with someone else.

Based on that alone? Do we have a CCMA case?

If we do, whats the process behind starting the process for CCMA? We have never had to do something like this before?
 
Stillie said:
Good day all,

I wanted to find out what the process is for CCMA?

My Girlfriend had 2 jobs with the same employee at different schools. Morning she is a teacher and in the afternoon she was managing the aftercare at another school.

She goes on maternity leave, with an email from her employer stating that her positions will still be available when she returns.

She returns from Maternity leave, only to find out when she is called in a meeting that they dont need her for the afternoon job anymore. They have replaced her with someone else.

Based on that alone? Do we have a CCMA case?

If we do, whats the process behind starting the process for CCMA? We have never had to do something like this before?
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Eish, replacing someone who is on maternity leave, and at school no less....super dodgy.

You can't just replace someone when they go on maternity leave, that's the whole point

https://mywage.co.za/decent-work/maternity-and-work/maternity-leave

Protection from Dismissals

There have been cases where women find themselves unemployed after maternity leave. This is illegal and goes against the South African Labour Relations Act (Basic Conditions of Employment Act ). You shouldn't be dismissed during the period of her pregnancy and maternity leave. Laws consider dismissal of an employee on account of her pregnancy, intended pregnancy, or other reasons related to her pregnancy, as automatically unfair. (Labour Relations Act, section 185-187)
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Seems a very clear case for the CCMA IMO
 
Oh and to top it off she returned half way through the month and they aren't going to pay her for even half the month
 
Does she honestly want to work for someone that does that? Secondly say she wins they will just end up treating her crap. Similar thing happened to my brothers girlfriend things weren’t pretty.

At the end she left because there was tension because she had taken them to CCMA.
 
no she doesnt want to continue working there, she is looking for a new job, she is now put under financial strain because of the second salary she wont be getting at the end of the month... So she just wants compensation for the loss of income. I mean an employer cant tell someone who returns from maternity leave that they wont be paid for the whole month all of a sudden
 
From what i can tell, and maybe its wrong, but it seems like she needs to fill in a form and hand it over to CCMA which will then give a date and will request the employer to be there as well (Subpoena ?) but in some things that i have read, it seems like we need to give a copy to the employer as well? thats the part i am not sure about? Handing a copy to the employer
 
Stillie said:
From what i can tell, and maybe its wrong, but it seems like she needs to fill in a form and hand it over to CCMA which will then give a date and will request the employer to be there as well (Subpoena ?) but in some things that i have read, it seems like we need to give a copy to the employer as well? thats the part i am not sure about? Handing a copy to the employer
Click to expand...

Don't try and do this on your own. Go and see a labour lawyer that specialize in these cases. Dependent on your case, they will tell you if you have the law on your side or not. Some will take your case for free in return for a portion of they payout if successful. Other will charge you an hourly rate, but the compensation they negotiate on your behalf will then be entirely your own.

And yes, once you decide to go this route, you need to open a case at the CCMA. It will go through a reconciliation process first, then arbitration, and only then if no satisfactory deal can be made will it proceed to the labour court. Most companies will settle the case during arbitration, as their lawyer costs will by then exceed the 3 month salary payout that is most of the time granted to employees.
 
Been through it, best would be to go see a lawyer that does CCMA cases. Go for a consult, they will be able to advise you and the best route to take.
 
anyone have a suggestion on a lawyer or contact details? Im all new to this whole thing.... never needed one before lol
 
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