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Post Info TOPIC: Applicability of Section 188A in the LRA
Anonymous

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Applicability of Section 188A in the LRA
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I would like to know about the applicability of Section 188A. I requested the company to apply for an arbitrator/counselor/accredited agent before my dismissal case began. Reasons were: 1. Chairperson close friend to my direct report Complainant who is my HR Manager. 2. In all matters the chairpersons will contact the HR and the ER Managers for advise especially the final sanctions. So one cannot be a player and a referee at the same time. 3. Previously I had a verbal warning whereby the same Complainant HR Manager and ER Manager were collaborating against me. The Union rep had to call the ER Manager into order time and time again stating that he is taking the side of the HR Manager/Complainant other than to advise on the process. 4. Unfair suspension whereby I was not afforded an opportunity of getting my union rep.
Now that I am dismissed going for my appeal, I requested the same according to clause S188A and I am told that the section only applies before pre-dismissal. Please advise.



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Anonymous

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Dear Anonymous

Did you end up going to the CCMA or having an internal hearing?

LP



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