[L120] UNFAIR EMPLOYER BEHAVIOR: PART 1 OF 3 - SUSPENSION WITHOUT PAY CCMA ILLEGAL SOUTH AFRICA

This is part 1 of a 3 part interview shot with one our clients, who experienced an extreme case of employer bad behaviour. His matter occurred in August 2017 to February 2018.
In terms of the Labour Relations Act (LRA) suspension without pay is illegal in South Africa. In this video we discuss a real case example which covers illegal suspension at the workplace. According to the CCMA, the period of suspension must be fair and reasonable.
We also go through what action steps to take and a letter that you can send when you have been suspended from work.
=== ATTORNEY INQUIRIES ===
CONTACT: Aslam Moolla
EMAIL: [e-mail]
WEBSITE: www.legal-leaders.co.za/servi...
=== ABOUT ASLAM MOOLLA ===
💼 Aslam Moolla is a licensed Attorney with a Masters in Law who specializes in Divorce and Labour Law. In 2014, he was awarded the Lexis Nexis Prize by the University of KwaZulu-Natal. Our law office is based in Umhlanga, Durban. We developed this series of videos to show you how to handle yourself in court and achieve the best outcome for your case.
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What steps can you take immediately for your illegal suspension case?
Step 1 - Contact the Employer in writing and ask for them for your charges.
Step 2 - Advise your Employer that it is illegal for you to be suspended without pay in terms of South African Labour Law.
Step 3 - Approach the CCMA for resolution of your case if your employer does not respond.
Video 2 Link: • [L119] UNETHICAL EMPLO...
Video 3 Link: • [L137] UNETHICAL EMPLO...
Timestamps:
00:00 Suspension Process in South Africa
00:38 Charge Sheet in Disciplinary Hearings
01:20 Suspension without pay is illegal
02:50 What steps to take when you have been suspended
03:14 Example of letter to write to Employer when you have been suspended
04:07 Illegal strategies Labour Consultants use against employees
04:25 Period of suspension in South African Law
04:56 Action steps for viewers to take
About Aslam Moolla:
Aslam Moolla is a licensed Attorney with a Masters in Law who specializes in Family and Labour Law. In 2014, he was awarded the Lexis Nexis Prize by the University of KwaZulu Natal. His Law Office is in Morningside, Durban and focuses on legal education through social media.
Disclaimer:
This video is for general informational purposes only. It does not create an attorney-client relationship between Aslam Moolla and videos. You should consult an Attorney to get specific legal advice to your specific situation.
Resources:
Labour Relations Act 66 of 1995
Our goal is to help you better understand your rights. You welcome to contact us by clicking the link above.
#ccmalawyer #unfairdismissal #disciplinaryhearing #illegalsuspension

[@denisehendrix8665]

This is precisely the situation I am in. Suspended indefinitely without pay - no notice or meeting. Threatened with Disciplinary Hearing but haven't been notified of same

[@mrb2643]

and what happened?

[@MrAnslin1]

Dear Aslam Below is my friend's situation. I advised all along since 23 July, when he came to see me. I'm just a friend, with now legal qualifications. Long and short of it, is that now the company involved its attorney, who apparently handle all employee issues with the company albeit whatever issue our understanding is. The worrying fact now is, is that the company via its attorney, put my friend under suspension, also on the "contractual agreement of NO WORK NO PAY", until he furnish the company with a medical certificate clearing him to work. Only then the IOD proceedings will be implemented. According to the letter he received from the attorney. This issue wouldn't have needed to go to this extent, should the company JUST did what is expected pertaining to IOD. Our take on this is truly BULLYING under legal intimidation? Obviously the company have this attitude seemingly that employee is not by means of affording legal assistance/presentation, and will go to the extent of bullying him out of his rights? All along while it was a simple case of IOD proceedings, and that company wouldn't even lose out. Please be so kind and read below? I left out any names to not make anyone aware and recognize the case. "Dear Sir/Ma'am I trust you're in good stead and well? I have been in conversation this morning with one of your consultants via phone call. She suggested me to send this email with brief explanation of my situation. So here follow my situation. I am employed with the company since 2019, and received a regular average salary. On 21 July 2022 I've been involved in an Motor Vehicle Accident whilst performing my duties for the company. I was driving the company vehicle, a Toyota Quantum. This was my very first accident I've been involved in with my company. At the scene of accident, the Operational Manager was there, and he took me to the police station nearby, to get a form for the hospital to complete. I don't know the procedures followed in such situations, so I deemed it right as he has suggested. I also want to mention that his words amongst other, was that this is a clear RAF case. My brother who was also at the scene took me to the Day Hospital in my residential area. I've been examined and booked off sick for my injuries sustained. I was supposed to start working on 25 July 2022, but did not feel well, and went back to the day hospital, where my sick leave was extended till 31 July 2022. During the week that I was off sick, the company sent me a leave form to complete, which I did, and also submitted the sick certificate with the driver. On the leave form I wrote "IOD", making the company aware that this is indeed so. I trusted the company to install IOD proceedings, but instead there "uncertainty" as to what "IOD' in fact is seemingly. There was back and forth play from the company, where they even involved their attorney to make contact with me. This indeed worried me, since I don't see the necessity of the lawyer intervention, since it should be a clear company administration issue. My ignorance pertaining IOD proceedings also contributed to my confusion. I only then received communication from the boss and his wife after month end, when I queiried my salary. Then the back and forth play started as mentioned. I was very concerned, since I have sent an email to the company on 26 July 2022 already, but never received response. Even when asking the attorney for his email address, he would'nt furnish me with his email. When I mentioned I need IOD proceedings to have started, which was already late, then the attorney tells me a story, then the wife, then the boss. I just couldn't get satisfaction as to when and how to get things done, because when they phoned me, they spoke so, that I couldn't get an effective word in basically. The intervention of the attorney really confused me. During all of this times, I have been back to work on 2 August 2022. I could feel some hostility towards me when around the office, and the Operations Manager even told me that I have attitude since the accident. One of the management, who sees to the fleet, even told me that this case of mine, is not WCA. All these comments and sayings made me worried and obviously confused. On 17 August 2022 the boss's wife phoned, and messaged me to come in to the office on Thursday 18 August 2022 to have the IOD forms and other documents completed. I said to her the date and time does suit me, since I have a day hospital appointment. I said any other day. Last night, 18 August, the boss phoned me to ask me about why I haven't attended the meeting. I told him that I have said to his wife that it's impossible for me to attend, but any other day. He then came off on me about complaints from the client towards me the last week or so, and he deems it very serious and he can't let drive further. This upset me since I get the feeling this is where the victimization starts, since earlier the day evening I enquired with the operations control room if there's any work for me that night. They said no. I also enquired with the other control room if any work for the next day, which is today. She then said I was supposed to attend a meeting which I didn't. No confirmation if there's work for me. I made it clear earlier during a text convo with the attorney that I am not trying to be difficult. I ONLY want IOD proceedings to be implemented, to cover for now and the future. I also mentioned to him that the company should've done this within 7 days of the accident. This situation prompted me to go to the DOL offices this morning from 05:00. I waited till opening, and was told then by a consultant that they don't do such cases there, and that I must go to the CCMA. I was so disheartened to hear this, and have my advisor phone your offices. The lady I spoke to, Nonche, was very helpful, and suggested me to send this email. I trust your office will have the needed empathy and send me on the correct path and assistance. I trust to hear from your office soonest, since this is urgent. Kind Regards"

[@legalleaderssouthafricanla7309]

Hi Anslin Its best to get some legal advice Why dont you get in touch with to discuss? Our details are above in the video Speak soon Aslam

[@luyandamaphinda9401]

Where i work, suspension is 30 days according to the policy but I'm on suspension for 5 months now. What will be good approach at the disciplinary hearing. Notification has now been handed to me. Thanks

[@legalleaderssouthafricanla7309]

Hi Luyanda Please contact us immediately to discuss

[@sinesiphotom8380]

Good day just come across to your channel. Is it possible to book an appointment with you I have a con/arb next week or is it short notice?

[@OnyxMoon81]

In our company's disciplinary procedure suspension without pay is included as a possible outcome, and on Google it says it is permissible (in S.A.) if the employee agrees to it.. I'm confused 🤔

[@legalleaderssouthafricanla7309]

Hello Onyx These are two separate scenarios: scenario 1: if you suspended from work because the company needs to investigate some misconduct against you - then in that situation you will have to get paid by the employer. scenario 2: if you are found guilty of an offence, you can ask the company for a temporary suspension from work as a penalty. In this situation you will not get paid. This applies especially for Disciplinary Hearings in South Africa. Its a good idea to also read the Labour Relations Act and the CCMA's Code of Good Practice on Dismissals. If you need help - you welcome to book an appointment with us. Please email: [e-mail] for further details. All the best! Aslam Moolla Labour Lawyer

[@OnyxMoon81]

@@legalleaderssouthafricanla7309 Thank you for clarifying that Aslam, I will be in touch.

[@nhlamulomabunda8172]

@@legalleaderssouthafricanla7309 hello I was suspended due to damage to property and the company that I'm working for is a no work no pay slogan On my suspension letter nothing was mentioned about pay My question is will I get paid for the suspension period? And if not what steps should I take to get redress the issue

[@legalleaderssouthafricanla7309]

@@nhlamulomabunda8172 You have a right to be paid during your suspension period in terms of the Labour Relations Act. If you want help preparing for your hearing, please contact us on 031 942 88 63