[BL109] EMPLOYEE TAKES YOU TO THE CCMA, NOW WHAT?

Описание: You received a notification that an employee has taken you to the CCMA. Now what?

Firstly, do not ignore this notification. This can lead to a default award against your company.
This could result in you being liable for up to 12 months of salary or having to take that employee back

So how do you prepare?

Firstly, check what basis did the employee refer the case? Is it misconduct, retrenchment or incapacity?
Secondly, prepare your evidence. This is because you will generally have to start at the CCMA. This means that you must have your witnesses and documents ready to show why you fired the employee
If it is misconduct then have the disciplinary hearing, charge sheet etc prepared
If it is retrenchment, then have the Section 189 Notice and consultations prepared.
If it is incapacity, then prepare consultation notes
Either way be prepared to show that you followed procedure and the reasons you dismissed the employee
If you did not do these stops then do not worry, try to look at out of court settlement.
Certificate of service, good referral and compensation can be options for out of court settlements.

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CONTACT: Aslam Moolla
EMAIL: [email protected]
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=== 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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=== TIME STAMPS===
00:00 Introduction
00:37 Do not ignore the notification
01:43 Check basis for employing referring case
01:50 Prepare Evidence
02:07 What kind of evidence to prepare?
02:43 Did not follow procedure?
03:28 Summary


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=== LEGAL DISCLAIMERS ===
Legal Disclaimer: This video recording is for educational purposes only and should not be considered as the rendering of legal advice. The viewing of this recording does not create an attorney-client relationship with Aslam Moolla. Please consult an attorney to get specific legal advice on your specific situation.

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