RETRENCHED or UNFAIR TREATMENT – MISA’s hands tied by your actions

Human behaviour is unpredictable and influenced by so many outside factors. Unfortunately, those actions-and decisions are the very reason MISA’s hands are tied sometimes.

Scenario 1

September 2016, Amanzimtoti, our members report for duty just to find that the premises are locked and they are left outside without warning and without any compensation.

MISA immediately went on record acting on behalf of our members. The Employer retaliated and placed all employees on short-time. A very unreasonable no-work-short time. We were mandated by our members to act in their best interest and our advice to them was to stay put and let us make the decisions.

October 2017, the result is that the six (6) members who trusted us are now represented in the Labour Court by our attorney in the “Non-payment of salary for the period October 2016 to February 2017 as well as the non-payment of severance packages when subsequently retrenched end February 2017.

Yes, it is one year later, but MISA did not leave our members hanging, we are with them every step of the way and are currently waiting for the default judgment in their favour.

Scenario 2

September 2017, Bethlehem, our members were informed that they will be retrenched end of the month. MISA was not notified by the employer as prescribed in the Labour Relations Act 66, of 1995 in section 189(3).

As a result, upon being informed by our members we went on record and demand that the process be stopped. The employer retaliated by withholding their salaries which were normally paid on the 25th of each month and alluded to the possibility that they might not be paid end of the month due to a cashflow problem.

MISA went through to Bethlehem on the 28th of September 2017 to represent our members in the retrenchment process as well as to ensure that they do receive their salaries for September 2017.

In this scenario, even with MISA on the premises and on the right side of legislation, our members did not trust enough and accepted a three (3) week settlement with their September 2017 salary. Bear in mind that a three-week severance package does not even cover two years of employment!

What could have been done?

  • Enforcement through MIBCO for the outstanding Salaries;
  • Enforcement through MIBCO or the Labour Court for the outstanding severance packages; accrued leave; bonusses and any other outstanding money due to our members. (Some of our members were employed for ten (10 years which entitled them to a severance package of fourteen (14) weeks.

Our hands were tied!

The Industry is tough and finding a job very challenging. BUT do not be blinded or held hostage by an employer who circumvent the processes for his/her own benefit. MISA will fight for you even if the wheels of justice turns slow because you are worth more than a moment’s decision!

Remember, MISA is just a phone call away.

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