Dear SA Legal Advice..I was unfairly dis...

Asked by Xolile on 14-07-2021 07:51:47
Question posted in the General Law category relating to Gauteng

Dear SA Legal Advice..

I was unfairly dismissed by the former employer in 2019 December. I was a union member and I reported the matter to the union but union did not pursue the case on my behalf. I had a very strong case (very good or reasonable prospects of success), but as a lay person I did not know what to do. I was a Fixed Term contract employee, I was entitled absorption and some laws were deliberately violated in front of the union. 

At a later stage, I applied for Arbitration and my condonation application was dismissed due to the fact that the delay was excessive. That delay was caused by the union before they dumped with lodging even the grievance. Now I am willing to have a claim against the union, but I have no idea where to refer the matter to. I don't know what forms to sign.

Please kindly advise me. The union I am referring to is SAMWU since I was working for the municipality. 

I thank you in advance for your legal advice. 

Kind regards 

Xolile Ernest Magwala 

083 664 0893

Answer to the Question

Posted by Att. Patrick on 15-07-2021 14:13:37

Hi there,

I see that you haven't made a payment for the question, but I'm going to assist you a little. If you want to ask a follow-up question, please make the required payment.

It sounds to me as if the union was negligent in dealing with your case, and perhaps you should be suing the union for your damages!

Att. Patrick 

Please remember this is a dialog if you have follow-up questions please make the required payment, then use the REPLY button and ask your further question. I would like to continue assisting you, but I need to concentrate on people who make payments for their questions.

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