We represented the Company in an Unfair Discrimination claim at the CCMA today.
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:
- Prior to coming to the CCMA, the Employee never filed a grievance. As a result, he did not give the Company an opportunity to investigate the problem before lodging his CCMA claim (as he should have). So how can the Company be liable without any previous notice?
- In addition, the Employee had no evidence of discrimination (which he claimed occurred 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)
