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MISA is always here to help our members, but at times, the actions of those very members, result in our hands being tied (and those members losing what is rightfully theirs). Here is what not to do when retrenched or treated unfairly at work.
Scenario 1 - The right way
KZN, September 2016: Our members report for duty just to find that the premises are locked and they are left outside without warning and without any compensation. They call in MISA and we immediately start acting on behalf of our members. The employer retaliates and places all employees on a very unreasonable no-work-short time.
Our members mandate MISA to act in their best interest and we advise them to stay put and let us make the decisions.
October 2017: The six members who trusted MISA’s judgement are now represented in the Labour Court by MISA’s attorney in two disputes: the non-payment of salaries for the period October 2016 to February 2017, as well as the non-payment of severance packages when they were subsequently retrenched at the end February 2017.
The members are currently waiting for the default judgment in their favour.
Scenario 2 - How not to do it
FS, September 2017: Our members are informed that they will be retrenched at 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, MISA goes on record to demand that the process be stopped. The employer retaliates by withholding their salaries (which were normally paid on the 25th of each month) and alludes to the possibility that they might not be paid at the end of the month due to a cash flow problem.
MISA visits the dealership to represent our members in the retrenchment process and to ensure that they receive their salaries for September 2017.
Yet, sadly, our members do not trust MISA enough and accept a three-week settlement with their September 2017 salary. Bear in mind that a three-week severance package does not even cover two years of employment! MISA's hands are tied and the members lose out.
Had they trusted MISA
- We could have enforced, through MIBCO, the outstanding salaries
- We could have enforced, through MIBCO or the Labour Court, the outstanding severance packages, accrued leave, bonuses and any other outstanding monies due to our members. (Some of our members were employed for ten years, which entitled them to a severance package of fourteen weeks.)
However, our hands were tied – through their own actions – and they were the big losers in the end.
Our industry is tough and finding a job is very challenging, but do not be blinded or held hostage by an employer who circumvents the processes for their own benefit.
MISA will fight for you even if the wheels of justice turns slowly because you are worth more than a moment’s decision!
Remember, MISA is just a phone call away.
Article by Tiekie Mocke, Manager of MISA’s Legal Department.
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