Unfair Dismissal Legal Rights

Summary

The user, located in Mpumalanga, South Africa, is facing an unfair dismissal from work due to an alleged crime of GMB theft. The user has not been paid their salary and has appealed the dismissal but has not received a response from their employer. The user was represented by a union lawyer during a hearing and is currently waiting for an appeal date. The user was advised to contact the Department of Labour in South Africa for assistance with their unpaid wages and unfair dismissal.

Full Conversation

Im being dismissed at work for a crime I did not do and we went for a hearing and they said we are fired but if you want to appeal you can do so after 5 days I did that the problem now is that I was not paid my salary and I have a month and some weeks no word from them
What state are you located in, ****? This will help me provide the most accurate information regarding employment laws in your area.
Mpumalanga Barberton
What was the reason given for your dismissal? In South Africa, employers must follow fair procedures for dismissal and pay any outstanding wages.
No reason
In South Africa, it's unlawful to dismiss an employee without a valid reason. Did you receive any written communication about your dismissal?
Illegal possession of GMB theft
Did you receive any formal notice or documentation regarding the alleged GMB theft?
Yes
What does the formal notice or documentation state about the alleged GMB theft? In South Africa, employers must provide a valid reason for dismissal and follow due process.
They are so many reasons and we did gfor hearing and o
What was the outcome of the hearing you attended?
I'm not satisfied about what I was dismissed for because the person who they saw doing his this addmited everything
What evidence was presented at the hearing and did you have legal representation? In South Africa, employees have the right to be represented by a trade union or a fellow employee.
Yes a union lawyer
What actions has your union lawyer taken since the hearing?
Still waiting for the appeal date it's almost a month and some weeks waiting
What actions have you or your union lawyer taken to follow up on the appeal date?

In South Africa, it's important to:
- Regularly follow up on your appeal status
- Ensure your lawyer is actively pursuing the case.
Without them saying anything
Have you contacted your employer regarding your unpaid salary? In South Africa, employers are legally obligated to pay any outstanding wages even after dismissal.
I did they said it's because of an appell image
What exactly did they mean by "appell image"? In South Africa, employers are obligated to pay any outstanding wages, regardless of an ongoing appeal.
Appeal I made
What was the response from your employer after you made the appeal? In South Africa, employers must respond to an appeal within a reasonable time frame.
They are suppose to give us a date so that we can talk again about the case
Have you received any communication from your employer about the date for the next meeting? In South Africa, employers are required to respond to an appeal within a reasonable time frame.
No date no salary no nothing
Have you considered contacting the Department of Labour in South Africa regarding your unpaid salary and dismissal? They may be able to provide assistance.
No
I recommend contacting the Department of Labour in South Africa. They can provide assistance with unpaid wages and unfair dismissal. Their contact number is +* * * *.
I will do so thanks
That's a good step, ****. Remember, it's important to keep all your documents and communication records handy when you contact the Department of Labour.
Yes
What was the crime you were accused of at your workplace?
Illegal possession of GMB theft
What evidence was presented against you regarding the alleged GMB theft?
I was found with nothiñg
What actions did your employer take after finding no evidence against you regarding the alleged GMB theft?
They arrested us
What were the charges when you were arrested and have you been released on bail?
Yes I was released with bail
What were the conditions of your bail? In South Africa, bail conditions may include reporting to a police station at set times, surrendering your passport, or not contacting certain people.
We we given date to attend a
What is the date you were given to attend and what is the nature of the proceeding?
We attended twice and our case was reminded for another date
What is the new date for your case and have you informed your union lawyer about this?
27august
What is the nature of the proceeding scheduled for 27th August?
28august
What is the nature of the proceeding scheduled for 28th August?
They said it's a final an
What do you understand by "final an"? Are you referring to a final hearing or judgement?
They said it's a final
What is the nature of the final proceeding scheduled for 28th August?
That when we will talk
What is the purpose of the meeting on the 28th of August?
Court
What is the specific court where your hearing is scheduled on the 28th of August?
Barberton
What is the name of your employer?
It's a mine
What is the name of the mine where you were employed?
Fairview
What is the exact charge against you in the court?
Ilegal posseßion of GMB theft
What evidence does the prosecution have against you for the charge of illegal possession of GMB theft?
No evidence was found in me
What steps has your union lawyer taken to defend you against the charge of illegal possession of GMB theft?
He tried asking them but no answer was said that's why we made an appeal
What is the current status of your appeal? In South Africa, it's crucial to keep track of your appeal process and ensure your lawyer is actively involved.
Still waiting for a date to be given
What steps have you taken to follow up on the status of your appeal?
I'm in the dark
Have you reached out to your union lawyer for an update on the appeal status?
Yes he is still waiting
What is the name of your union lawyer and the union you are affiliated with?
And doing follow ups
OOusa
OOusa
OOusa
What is the name of your union and your union lawyer?
The union is OOusa