Unfair Retrenchment

Franni said:
Update:

Had my CCMA case this morning, employer didnt pitch.

In a nutshell the commissioner referred me to the labour court. I went to the labour court, got a case number, and all the forms, will be taking it further with them.

If this company will liquidate, this is the only avenue I have, If I want compensation.
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This is good news .... accountability is a forgotten word these days.

Wishing you all the best - keep us updated.
 
Right, I am in the process of finalizing my documents for the Labour Court.

Not sure if we have someone that can confirm if I am missing something:
1. Get a case number - Done.
2. Fill out the "Statement of Case" detailing what transpired. Im using the info and evidence I prepared for the CCMA here, in the format the Labour Court provided.
3. Send copy of "Statement of Case" to employer by registered mail.
4. Get the "Affidavit in support if service by registered mail" signed by a commissioner of oath at SAPS
5. Go to Labour court, and submit originals.

6. Now, if all goes well, my scumbag ex employer will not respond in 17 days. In that case I can apply to obtain a default judgement.
7. Upon receiving the default judgement, I can give this to the Employer / Liquidator.

(this is the info provided to me by the Labour Court)

If anyone that has gone through this process, and has anything to add, please ad your 2c.

At this stage I am hoping to obtain a default judgement. Seeing that the employer didnt even bother to pitch to the CCMA hearing, I think chances are in my favour. Not too sure what I am going to to, if they do respond, I dont really have the resources for a lengthy court battle at this point in time.
 
Very interesting. My daughter is dealing with a similar issue. It is at a point where the sheriff of the court must attach property of the ex employer to the value of the claim awarded by the CCMA. This process is now on hold due to a pending court case against the CCMA and the sheriff.
 
UPDATE:

Ive received feedback from the owners of the company that they received "The final liquidation order"

Upon delivering this news they cutt all ties, blocked all ex employees of Facebook, Whatsapp etc.

How would one find out who the liquidator is? I tried to phone the Masters office in JHB to get some more details, to no avail. This is all way too sneaky for me, I doubt if they actually liquidated?
 
Follow up on it as it may just be a ploy, there is some central database of liquidations. I'm sure the credit bureaus will have all that info and will gladly supply it for a price, that includes information on all the director's/your former employees in their personal capacities.
 
Small Update:

Confirmed that the company did go through a "voluntary liquidation" - managed to see the info on CIPC.

Also managed to find out, that there is money to pay me (clients paid the company after the liquidation).

Q: How can I find I can submit a claim to this money? Owners are still AWOL.
 
Hemi300c said:
Find out who are the Liquidators and put in your claim.
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If I knew who the liquidators were, or how to find them, that would be great ;)

It was a voluntary liquidation, so I am not 100% sure if there would be a liquidator?

Thus far:

  • I’ve tried to get in touch with someone from the liquidations department at the masters office. No one answers the phone, respond to emails and or messages
  • Tried to get info from the CIPC - no luck

  • Lastly. I’ve tried to search Government Gazettes, to no avail. It seems like there are hundreds of different types of notices, and I’ll have to pay to obtain the correct gazette? I don’t mind to pay for the correct one, I just don’t want to pay a R900 yearly subscription, then it’s the wrong one.

From the info I have now, is that the liquidation was processed in early April, can anyone supply a link to which Gazette I should be looking at?
 
Maybe try calling their bankers? They should have this information on file already. I am sure if you plead your case, they would assist you in getting the liquidator's details from their records.
 
MaryJane said:
Maybe try calling their bankers? They should have this information on file already. I am sure if you plead your case, they would assist you in getting the liquidator's details from their records.
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Yes - or any other party that is owed money by them.
 
Hendrix said:
How long did you work for them? As it may not be worth the hassle.
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More than 2 years.

Anyway, update:

Found out who the liquidators are via the masters office. Phoned the lawyers, they took my details, and Ill follow up with them again in a few weeks.
 
Hemi300c said:
Find out who are the Liquidators and put in your claim.
Click to expand...

UPDATE:

Found the liquidator doing the voluntary liquidation. The Master of the court has appointed them as liquidator. (Its a law firm of sorts, not an actual creditor).

Now on to the next challenge;

Does anyone know what documentation one uses to put in a claim? I presume there is some sort of standardized form, and process that needs to be followed?

I did contact the liquidators to ask for assistance, and they were reluctant to assist, other than confirming that they were appointed.
 
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