What's needed for CCMA

hackerjargon

hackerjargon

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Hi All,

Maybe someone with knowledge of what is needed when going to the CCMA can help.

A friend of mine got fired via an SMS by her employer last week.
Everyone is telling her to goto the CCMA and I want to help her but have no idea what she needs to take with etc..

As far as I know, she did not sign any contract with employment, no payslips. We also found out the business is not even registered, so I'm not sure if CCMA is going to help here.
We also found out that the business is two months behind on rent so no surprise that she got laid off, but it was very unprofessionally done.


Thanx
 
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Absolutely any proof of employment, even if it is a bank statement
Employer's details, including contact numbers
ID book
Handset with SMS on it
 
MickeyD said:
Yep. And a cushion, depending on which CCMA branch they are visiting!!
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Yep.. hopefully they don't chase you away if there's load shedding and say "our systems are down.." that would really suck if you sit the whole day (I doubt they will and use pen and paper at least, but you never know..)

Thx for the 'tips' guys, hehe
 
hackerjargon said:
Hi All,

Maybe someone with knowledge of what is needed when going to the CCMA can help.

A friend of mine got fired via an SMS by her employer last week.
Everyone is telling her to goto the CCMA and I want to help her but have no idea what she needs to take with etc..

As far as I know, she did not sign any contract with employment, no payslips. We also found out the business is not even registered, so I'm not sure if CCMA is going to help here.
We also found out that the business is two months behind on rent so no surprise that she got laid off, but it was very unprofessionally done.


Thanx
Click to expand...

In Afrikaans we have a saying "Moennie goeie geld agter slegte geld aan gooi nie!", in short what would they gain if the business going down?

Even if the CCMA rule in her favour, if there are no money, then all the effort wouldn't help.

Look, if she think she stand a chance, then go! Maybe she's lucky, I don't have all the facts, I just state my view from experience.
 
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gfmalan said:
In Afrikaans we have a saying "Moennie goeie geld agter slegte geld aan gooi nie!", in short what would they gain if the business going down?

Even is the CCMA rule in her favour, if there are no money, then all the effort wouldn't help.

Look, if she think she stand a chance, then go! Maybe she's lucky, I don't have all the facts, I just state my view from experience.
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Yep, she at least knows this and she said she doesn't care about money, what the employer did was not right, she also found out yesterday that there's a new person working there now, so this new person might end up going though the same thing she did after a month or so.
 
gfmalan said:
In Afrikaans we have a saying "Moennie goeie geld agter slegte geld aan gooi nie!", in short what would they gain if the business going down?

Even if the CCMA rule in her favour, if there are no money, then all the effort wouldn't help.

Look, if she think she stand a chance, then go! Maybe she's lucky, I don't have all the facts, I just state my view from experience.
Click to expand...

I agree - what does your friend plan to get from a company that operates like this? There won't be much financial gain, no employment gain, only a bit of satisfaction. In contrast to the time and effort, I'd recommend looking for another job instead of going to the CCMA.
 
Glingfram said:
I agree - what does your friend plan to get from a company that operates like this? There won't be much financial gain, no employment gain, only a bit of satisfaction. In contrast to the time and effort, I'd recommend looking for another job instead of going to the CCMA.
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She said she wants to make sure no one else at least goes though what she did.
 
Just found out from my friend that she was payed cash every month, so it doesn't help going to ccma without any proof of employment ens.
She's stressing cause she hasn't received her pay yet and she doesn't know if she's going to.

It's bad that people misuse other people like that, especially if your at a young age and don't know how employment works yet etc..

Thx for all the advice though. She now knows in future.
 
Fired or laid off?

2 very big differences here. If he can't afford to pay her there is no use her coming in (Laying her off). If he fired her and she did nothing wrong then obviously it's something different. It's all about context. I mean, if he was a good boss to her and he can't afford to pay her what would you have him do? Keep her employed and not pay her? Or tell her he can't pay her she doesn't need to come in no more?

I just get this feeling that the boss is now being kicked while he's down. Lack of contract and so on just indicates it's a very small SME. Maybe even a one man operation.
 
Pitbull said:
Fired or laid off?

2 very big differences here. If he can't afford to pay her there is no use her coming in (Laying her off). If he fired her and she did nothing wrong then obviously it's something different. It's all about context. I mean, if he was a good boss to her and he can't afford to pay her what would you have him do? Keep her employed and not pay her? Or tell her he can't pay her she doesn't need to come in no more?

I just get this feeling that the boss is now being kicked while he's down. Lack of contract and so on just indicates it's a very small SME. Maybe even a one man operation.
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That does not excuse the person.
The laws states that even laws of which you are ignorant you still need to comply with.

no registered business
no pay slips
no tax/uif deductions etc...
already opens a sewer farm.




OP,
even if she does not go to CCMA, she must go report it to SARS. The now ex-boss will still be in seri-ass trouble.
 
Venomous said:
That does not excuse the person.
The laws states that even laws of which you are ignorant you still need to comply with.

no registered business
no pay slips
no tax/uif deductions etc...
already opens a sewer farm.




OP,
even if she does not go to CCMA, she must go report it to SARS. The now ex-boss will still be in seri-ass trouble.
Click to expand...

Sorry what?

No one every said anything about him not obeying the law. Do you give your domestic a payslip? Does she have a deduction for UIF? No, you pay her and you pay her UIF.

I think you need to slow down on those assumptions. We don't have all the facts. The CCMA will though. And they are neutral in making judgements. If this guy honestly doesn't have money and the business folded, she got minimum wage and he let her off before he could pay her they might just rule in his favour. Also, no idea how long she worked there. Might not even qualify for 1 week pay per year minimum.

Assumptions.
 
Pitbull said:
Sorry what?

No one every said anything about him not obeying the law. Do you give your domestic a payslip? Does she have a deduction for UIF? No, you pay her and you pay her UIF.

I think you need to slow down on those assumptions. We don't have all the facts. The CCMA will though. And they are neutral in making judgements. If this guy honestly doesn't have money and the business folded, she got minimum wage and he let her off before he could pay her they might just rule in his favour. Also, no idea how long she worked there. Might not even qualify for 1 week pay per year minimum.

Assumptions.
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Then why do you assume he has a domestic?
 
Ho3n3r said:
Then why do you assume he has a domestic?
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It's an example.

I know of a few students who work weekends at Cafes and so on that get's paid daily. No payslip, no tax no nothing. It's not against the law and these students are just happy for the few R 100's on a weekend.
 
Pitbull said:
I know of a few students who work weekends at Cafes and so on that get's paid daily. No payslip, no tax no nothing. It's not against the law and these students are just happy for the few R 100's on a weekend.
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And that is also illegal in terms of the law in South Africa.

If they work for more than 24 hours per month they must be registered for UIF. For the Workmens Compensation Act they have to be registered regardless. If they are serving liquor they have to be registered with the local liquor board.
 
MickeyD said:
And that is also illegal in terms of the law in South Africa.

If they work for more than 24 hours per month they must be registered for UIF. For the Workmens Compensation Act they have to be registered regardless. If they are serving liquor they have to be registered with the local liquor board.
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They definitely work more than 24 hours a month (8 on a Saturday 4 on a Sunday). Whether the employer pays their UIF I highly doubt it. But it he did it would still be legal.
 
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