Man, who challenged his retrenchment after mine closure loses Labour Court battle
Image: Ron Lach/Pexels
A man who was cut back after the mine was closed sought relief at the Labour Court in Johannesburg where he cried foul over unfair retrenchment.
Maletsoko Masha worked as an Excavator Ripper Operator at Lwala Mine in October 2017, employed under Zizwe Opencast Mining.
In March 2022, the mine issued a Section 189(3) notice where 204 employees were affected as a result of the closure of the mine.
However, in June 2022, the mine's operational lifespan was extended, leading to the extension of several employee contracts. However, the Excavator Ripper Operators were an exception, as their services were terminated prematurely. Only Excavator Bucket Operators were retained.
Masha rejected the mine's offer for a short-term Excavator Bucket Operator position, which was offered at a reduced rate to complete duties at the mine. Consequently, he received a retrenchment letter and was informed that he would be paid in lieu of his notice period for October 2022.
After receiving the retrenchment letter, Masha tried to offer his services as an Excavator Bucket Operator. However, his offer was rejected by the mine as he had previously declined this role.
He referred an unfair dismissal dispute to the Bargaining Council for the Civil Engineering Industry. In October 2022, the dispute was settled, and he agreed to accept a new position at a reduced rate.
In January 2023, he was issued with a retrenchment letter where he was advised that his last month would be February 2023 as the mine would be closing at the end of that month.
Despite the mine being closed, in March 2023, he referred a dispute to the Commission for Conciliation, Mediation and Arbitration (CCMA) on the basis of an unfair retrenchment. The matter was not resolved, and he was directed to refer the dispute to the Labour Court.
By law, he was required to have referred the matter to the Labour Court within 90 days after it was not resolved at the CCMA.
However, the 90-day period expired, and Masha brought a condonation application in May 2024 asking the court to overlook his late filing.
Explaining the delay, Masha said he consulted with his attorneys in April 2023 and in May, his attorneys asked him to provide contact details of his former employer.
As he was unable to provide the contact details, it was subsequently decided to instruct the sheriff to serve the statement of case to his former employer.
Masha's attorneys caused a further delay by mailing the statement of case to the sheriff via the South African Post Office. Consequently, the sheriff did not receive the statement of case until the end of August 2023.
Despite prior confirmation from the sheriff's office that it had jurisdiction, Masha's attorneys were informed by the sheriff that it could not serve the documents. Subsequently, the attorneys requested the return of the statement of case by post, but it has not yet been received.
Masha submitted that the delay in filing the statement of case was a result of the post office's collapse and his lack of possession of his former employer's email address.
He further added that the necessity for a condonation application only became apparent upon receipt of the statement of response in March 2024. Consequently, he believes the condonation application is merely two months overdue.
Presiding over the matter, acting Judge Hedda Schensema stated that based on the evidence, even though Masha attributed the delay to the post office, there was proof he possessed his former employer's email address.
She said Masha has not explained why the sheriff had to return the statement of case to his attorneys by post, nor why a new statement of case was not simply issued and served via email.
"The applicant (Masha) has failed to discharge the onus to show good cause why the indulgence sought should be granted. The delay is excessive and requires an extensive explanation, which the applicant has failed to provide," said judge Schensema.
Judge Schensema dismissed the application and said Masha failed to provide a detailed and acceptable explanation for the excessive delay and his reasons were not reasonable or acceptable under the circumstances.
sinenhlanhla.masilela@iol.co.za
IOL News
Get your news on the go, click here to join the IOL News WhatsApp channel.
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
IOL News
a day ago
- IOL News
Man, who challenged his retrenchment after mine closure loses Labour Court battle
After being retrenched following the mine's closure, a man approached the Labour Court, alleging unfair dismissal. Image: Ron Lach/Pexels A man who was cut back after the mine was closed sought relief at the Labour Court in Johannesburg where he cried foul over unfair retrenchment. Maletsoko Masha worked as an Excavator Ripper Operator at Lwala Mine in October 2017, employed under Zizwe Opencast Mining. In March 2022, the mine issued a Section 189(3) notice where 204 employees were affected as a result of the closure of the mine. However, in June 2022, the mine's operational lifespan was extended, leading to the extension of several employee contracts. However, the Excavator Ripper Operators were an exception, as their services were terminated prematurely. Only Excavator Bucket Operators were retained. Masha rejected the mine's offer for a short-term Excavator Bucket Operator position, which was offered at a reduced rate to complete duties at the mine. Consequently, he received a retrenchment letter and was informed that he would be paid in lieu of his notice period for October 2022. After receiving the retrenchment letter, Masha tried to offer his services as an Excavator Bucket Operator. However, his offer was rejected by the mine as he had previously declined this role. He referred an unfair dismissal dispute to the Bargaining Council for the Civil Engineering Industry. In October 2022, the dispute was settled, and he agreed to accept a new position at a reduced rate. In January 2023, he was issued with a retrenchment letter where he was advised that his last month would be February 2023 as the mine would be closing at the end of that month. Despite the mine being closed, in March 2023, he referred a dispute to the Commission for Conciliation, Mediation and Arbitration (CCMA) on the basis of an unfair retrenchment. The matter was not resolved, and he was directed to refer the dispute to the Labour Court. By law, he was required to have referred the matter to the Labour Court within 90 days after it was not resolved at the CCMA. However, the 90-day period expired, and Masha brought a condonation application in May 2024 asking the court to overlook his late filing. Explaining the delay, Masha said he consulted with his attorneys in April 2023 and in May, his attorneys asked him to provide contact details of his former employer. As he was unable to provide the contact details, it was subsequently decided to instruct the sheriff to serve the statement of case to his former employer. Masha's attorneys caused a further delay by mailing the statement of case to the sheriff via the South African Post Office. Consequently, the sheriff did not receive the statement of case until the end of August 2023. Despite prior confirmation from the sheriff's office that it had jurisdiction, Masha's attorneys were informed by the sheriff that it could not serve the documents. Subsequently, the attorneys requested the return of the statement of case by post, but it has not yet been received. Masha submitted that the delay in filing the statement of case was a result of the post office's collapse and his lack of possession of his former employer's email address. He further added that the necessity for a condonation application only became apparent upon receipt of the statement of response in March 2024. Consequently, he believes the condonation application is merely two months overdue. Presiding over the matter, acting Judge Hedda Schensema stated that based on the evidence, even though Masha attributed the delay to the post office, there was proof he possessed his former employer's email address. She said Masha has not explained why the sheriff had to return the statement of case to his attorneys by post, nor why a new statement of case was not simply issued and served via email. "The applicant (Masha) has failed to discharge the onus to show good cause why the indulgence sought should be granted. The delay is excessive and requires an extensive explanation, which the applicant has failed to provide," said judge Schensema. Judge Schensema dismissed the application and said Masha failed to provide a detailed and acceptable explanation for the excessive delay and his reasons were not reasonable or acceptable under the circumstances. IOL News Get your news on the go, click here to join the IOL News WhatsApp channel.
IOL News
2 days ago
- IOL News
India's Journey towards Viksit Bharat: 11 years of Development, Progress & Nation building
Indian flag. India has excelled not only in space exploration, from the first-ever landing on the southern moon and Chandrayaan to Gaganyaan missions, but also excelled through its Digital Public Infrastructure (DBI) and Unique Digital Identity Aadhar and an exceptionally large number of bank accounts across India for the distribution of benefits and payments directly into accounts. Image: Pexels As India embarked on its fast-paced human-centric developmental journey to become a developed country, 'Viksit Bharat @2047' by the time it completes the century of independence, the past decade has been exceptional across the national and strategic spectrum. PM Narendra Modi's call to dispense with the slavish mentality and rise and shine with the mantra of reform, perform and transform has already begun to yield remarkable dividends. Over 1550 archaic and cumbersome laws were repealed, and jurisprudence was updated. In 2017, India rose sharply from 130th to 63rd place in the Doing Business Index of the World Bank, leading to a notable increase in Foreign Direct Investment. The innovation ecosystem has generated 1.6 million start-ups from just 500 a decade ago, including 118 unicorns. From a fragile five to become the 4 th largest economy in a decade is a remarkable achievement by any standards. According to Bloomberg, based on IMF data, China, Indiaand the USA are projected to be the three global growth engines from 2025-2030. India has also emerged as a key proponent of the fight against climate change and a spokesman against the 'Green Apartheid'. India has committed to 'zero carbon' by 2070, but by all accounts, it seems the target may be achieved much earlier. In 2015, India, along with Francelaunched the International Solar Alliance (ISA), perhaps the most consequential initiative after the NAM movement of the 1950s. A monumental achievement is that 50% of India's installed electricity capacity is now attributable to non-fossil sources. This is integral to the quest for India's energy security, which is essential for it to continue to remain the fastest-growing major economy in the world. India is converting ambition and aspiration into action. Not only did India launch another global initiative, 'The Global Biofuels Alliance'during the Presidency of G20 in September 2023, but it also completed the ethanol mixing targets way before. The same applies to its Nationally Determined Contributions (NDCs) where India is the first and the fastest to comply with. The pandemic had hit the world hard in an unprecedented manner. But India's response was unique since it was driven by its DNA dictum of 'Vasudhaiv Kutumbakam'-world is one family. When the powerful countries were hoarding vaccines and medicines for geopolitical ends, India, not only manufactured its own but even for others from the UK and Russia provided billions of vaccines to over a hundred countries as part of its 'Vaccine Maitri '– Vaccine Friendship outreach. More importantly, it had to cater for one-sixth of the world's population, which inhabits India. Since health care became a fundamental priority, India launched the government-financed insurance scheme, Ayushman Bharat–Pradhan Mantri Jan Arogya Yojana (AB-PMJAY), which is reported to have increased substantially since 2014. This is a government healthcare programme operated on a massive scale. Under AB-PMJAY345 million Ayushman cards have been issued, and 29,914 hospitals have been empanelled. More than sixty-five million authorised hospital admissions have taken place under the scheme. This has been further extended to include senior citizens above 70. India is essentially an agricultural country, and farmers are the backbone of India and its food security. Hence, even at the Doha rounds of the WTO, India has always stood for the cause and interests of a large number of developing countries. PM Modi had announced doubling of farmers' income through various initiatives and reforms at the grassroots level. Some of these include a scheme for soil health cards to all the farmers, National Agriculture Market(e-NAM), Pradhan Mantri Krishi Sinchayee Yojana (PMKSY), and Pradhan Mantri Fasal Bima Yojana (PMFBY), which provides very low premiums for farmers.' The PMKSY scheme, launched in 2015, supports the use of micro-irrigation technologies, which is a crop insurance scheme. No wonder in the past decade the food grain production increased from 252Mn tonnes to 332 Mn tonnes. Fighting poverty has been one of the biggest tasks that the Indian Government has undertaken. Operating one of the world's largest food security programs, the Targeted Public Distribution System under the National Food Security Act covers 81.35 (Over 800million) beneficiaries, providing food grains to rural and urban populations. Recent decisions, such as extending free food grain distribution under Pradhan Mantri Garib Kalyan Anna Yojana for another five years, exemplify the Government's commitment. Self-Reliance (Atmanirbhar Bharat) has become the key to 'Make in India for the world' and local for global to be part of the global value and supply chains as it emerges as the smart manufacturing hub and services centre of the world. With its zero tolerance to terror policy, the indigenous defence systems rained hell on the enemy during the Op-Sindoor action against Pakistan-based terror hideouts. India has excelled not only in space exploration, from the first-ever landing on the southern moon and Chandrayaan to Gaganyaan missions, but also excelled through its Digital Public Infrastructure (DBI) and Unique Digital Identity Aadhar and an exceptionally large number of bank accounts across India for the distribution of benefits and payments directly into accounts. By linking Aadhaar with Jan Dhan bank accounts and mobile umbers (the 'JAM' Trinity), the government streamlined the By linking Aadhaar with Jan Dhan bank accountsand mobile By linking Aadhaar with Jan Dhan bank accounts and mobile numbers (the'JAM' Trinity), the government streamlined the delivery of social welfare programmes, reducing fraud and ensuring that benefits reached the intended recipients directly andefficiently. This proved particularly crucial during the pandemic, enabling swift and targeted disbursement of financial aid to those most in need. numbers (the 'JAM' Trinity), the government streamlined the delivery of social welfare programs, reducing fraud and ensuring that benefits reached the intended recipients directly and efficiently. This proved particularly crucial during the pandemic, enabling swift and targeted disbursement of financial aid to those most in need. All these digital tools apps, and digital public goods have been made available to the world, especially the developing countries. AI for All, One Earth One Health, one grid one world, are not mere slogans but policy directives of a resurgent India steeped in its civilizational ethos. In this fractured world order, India's sane and value-based foreign policy has become robust, resilient and result-oriented as it seeks to comprehensively enhance its own powerspectrum through strategic autonomy and multi-alignments, entrenching reformed multilateralism and multi-polarity. This was evident recently when PM Modi was again invited by PM Mark Carney to the G7 Summit in Canada, despite cooler ties with them, since he felt that it was important to have India at the table. It is increasingly becoming a rule-shaper from G7 to G20 to BRICS and beyond. Interest of the Global South is served by example and advocacy and by being their credible voice while pursuing inclusivity and human-centric approaches. (Amb Anil Trigunayat is a former Indian Ambassador and a Distinguished Fellow at Vivekananda International Foundation)
IOL News
2 days ago
- IOL News
Unemployed? Here are 10 jobs that don't need a degree in South Africa
While a university degree can help, it's not the only way to earn a living. Several jobs in South Africa don't require a degree. Image: Ron Lach/Pexels Statistics South Africa reports consistently show that unemployment in South Africa remains high, particularly among individuals without any formal qualifications. According to the latest data, while the overall unemployment rate remains high at 33.2%, it is even worse among young people and those without tertiary education. Stats have indicated in the past that education continues to play a pivotal role in determining young people's employment prospects, particularly in South Africa. "Education continues to play a pivotal role in determining young people's employment prospects," Stat SA noted. "Those without a matric qualification face the steepest uphill climb, with an unemployment rate of 51,6%—the highest across all education levels. For those who complete matric, the situation improves marginally, though the unemployment rate remains high at 47,6%,". However, not all hope is lost. While a university degree can help, it's not the only way to earn a living. Several jobs in South Africa don't require a degree. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Next Stay Close ✕ Ad loading In some industries, practical skills, on-the-job experience, and short vocational courses are just as valuable, if not more valuable than a formal qualification. Here are 10 jobs in South Africa that don't need a degree: Politician A university degree is not compulsory to become a politician in South Africa. Many political leaders start their careers through community involvement and party membership. Notable examples include DA leader John Steenhuisen, Minister of Public Works Dean Macpherson, Minister of Sport Gayton McKenzie, and former President Jacob Zuma. Truck driver A degree is not needed to be a truck driver. You need a valid Code 14 professional driving license and proper training. Truck drivers are in high demand across South Africa's freight and logistics sectors. Electrical technician You don't need a degree to work as an electrical technician. Completing a trade test and getting an NQF Level 4 qualification or equivalent is enough to start. Police officer A degree isn't required to become a police officer in South Africa. Candidates must complete training at a police academy and meet physical and educational requirements, typically a matric certificate. Car sales No degree is needed to work in car sales. Success depends on strong communication skills, product knowledge, and sales experience, which you can gain on the job or through short courses. Real estate agent You don't need a degree to become a real estate agent. You must complete a registration course with the Estate Agency Affairs Board (EAAB) and pass the required exams. Pilot A university degree is not required to become a pilot. However, you must complete flight training, earn a commercial pilot's license, and log flying hours through accredited flight schools. Plumber No degree is needed to become a plumber. You can complete an apprenticeship or vocational training and obtain a trade certificate to work professionally SEO specialist A degree isn't required to become an SEO specialist. Many learn through online courses, workshops, and hands-on experience in digital marketing.
