General Litigation

The Solidarity General Litigation division offers support to members who experience legal problems in the workplace. Assistance is provided in terms of legal queries, consultations, grievance procedures, disciplinary investigations, reconciliations and arbitrations. The General Litigation division’s specific focus is to institute legal proceedings at the Commission for Conciliation, Mediation and Arbitration (CCMA) and the negotiating councils of the various industries and to resolve it successfully.

 

Process for general litigation:

  • The member contacts Solidarity Legal Services and is advised either telephonically or via correspondence.
  • A mandate is sent to the member via fax or e-mail.
  • The duly completed mandate must be accompanied by an account of the member’s complaint, his/her employment contract and all relevant documents.
  • Membership position is checked and the documents are referred to a litigant to handle as a legal question or to open a file.
  • The litigant determines the merit of the case.
  • If a member requires representation at a disciplinary hearing, written consent must be obtained from the employer if it is an individual member.
  • Following unfair dismissal, the trade union has 30 day to refer the dismissal case to the relevant forum.
  • The trade union has 90 days to refer an unfair labour practice case to the relevant forum.
  • If the dispute carries adequate merit, it is referred to the relevant forum for conciliation and if unresolved, for arbitration.
  • The member is informed of whether or not an award has been granted.
  • If the employer disregards the ruling, the case is referred to the Labour Court to change the ruling into a court order.
  • The employer’s property is confiscated and the member receives payment.

 

Contact the General Litigation Division of Solidarity Legal Services at 012 644 4344.

 

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