We represented the Company in an Unfair Discrimination claim at the CCMA.
The employee alleged that he was treated differently compared to his co-workers.
However, there were some major issues that weakened his case.
These issues were:
- Firstly the Employee did not lay any grievance before coming to the CCMA. This means he did not give the Company an opportunity to investigate the problem (which he should have done) before lodging his CCMA case. So how can the Company be liable without any previous notice?
- Secondly the Employee had no actual evidence of the discrimination (which he alleged took place against him).
So, without attempting to resolve it first and no actual evidence, the employee had no option but to withdraw his CCMA case (or face a legal cost order against him).
If you have any discrimination claims, it’s important to take note of the above 2 issues (in case you have to be at the CCMA one day)
