* CCMA, Valencia Grootboom, Michelle Mateza, Crawley Family, David Crawley, The One Financial Solution, Isobel Rohwer, Marlise Steenekamp, Marais Lamprecht Attorneys, Francois Lamprecht, Garden Route SPCA, Bruno MacDonald, Master of the High Court Capetown, Zureena Agulhas, Assistant Master of High Court George, Yolanda van Milligen
* 10 Jun: LJ Re: Estate File: 4968-20: GM Elliott; CCMA: WEGE 1279-20: LJ v EGME.
* Tygae: EoP Leg Sub: LJ v GME / EoP NWO SCO: EoP NTE GM: | EoP Axis MilNec Evac: Lotto: EoP v WiP Law, EoP v WiP Academia, EoP v WiP Media, EoP v WiP Charity, EoP v WiP Peacenik / EoP v WiP Neg.
From: Lara Johnson <firstname.lastname@example.org>
Date: Wed, 10 Jun 2020 18:21:26 +0200
Subject: WEGE 1279-20: LJ v EGME: Condonation Required
To: “CCMA Grg: Valencia Grootboom” <ValenciaG@CCMA.org.za>
Cc: “CCMA Grg: Michelle Mateza” <MichelleM@CCMA.org.za>
Date: Wed, 10 Jun 2020 18:31:07 +0200
Subject: Estate File: 4968-20: GM Elliott; CCMA: WEGE 1279-20: LJ v EGME
To: Marais Lamprecht Attorneys <email@example.com>, Francois Lamprecht <firstname.lastname@example.org>, Sonja Corker <email@example.com>, “The One Financial Solution: Isobel Rohwer” <firstname.lastname@example.org>, Marlise Steenekamp <email@example.com>, “Crawley Family: David Crawley” <firstname.lastname@example.org>, Garden Route SPCA <email@example.com>, Bruno MacDonald <firstname.lastname@example.org>, “Master of the High Court Capetown: Zureena Agulhas” <ZAgulhas@justice.gov.za>, “Assistant Master of High Court: George: Yolanda van Milligen” <YVanMilligen@justice.gov.za>, Daniel Pretorius <DPretorius@justice.gov.za>
TO: CCMA: Valencia Grootboom
CC: CCMA: Michelle Mateza
CC: CCMA: 1279-20: LJ v Estate v Gill Elliott Respondents
WEGE 1279-20: LJ v EGME: Condonation Required.
I received your email sent 10 June 2020 [10 Jun: CCMA-VG: WEGE 1279-20: LJ v EGME: Condonation Required] in response to 28 May 2020 complaint filing [28 May: CCMA Grg Filing: LJ v Estate Gill Elliott] and 08 June 2020 telephone call with Valencia Grootboom [08 Jun: 4968/2020: GM Elliott; CCMA: LJ v Estate Gill Elliott: 08 Jun LJ Tel Call CCMA]
CCMA-VG: Please feel free to contact me for any further queries.
CCMA-VG: We hereby acknowledge receipt of your application.
EoP-LJ: I imagine you meant to say “‘I, Valencia Grootboom’ or ‘We at George CCMA’ hereby acknowledge…”; because a breathing individual at CCMA had already acknowledged receipt of the application. Pearl on behalf of CCMA Complaints division officials acknowledged receipt of the application in writing on 03 June 2020 [03 Jun: CCMA-HQ: Re CCMA Grg Filing: LJ v Estate Gill Elliott].
CCMA-VG: We advise you that we are unable to process your matter as referral is incomplete for the following reasons.
EoP-LJ: If your decision involved yourself only, then you are saying ‘I advise’. If your decision involved others besides yourself, kindly clarify who exactly you are referring to when you say ‘we’?
CCMA-VG: Condonation is required; the dispute falls outside of the 30 days, as per the CCMA rules your dispute is to be referred within the 30 day time frame. As the matter relates to unfair dismissal outside of the 30 days, condonation application must be supplied. You must supply the CCMA with proof of having informed the employer (e.g. fax slip, proof of posting or e-mail ).
EoP-LJ: The complaint is not exclusively an unfair dismissal complaint. It also involves the following labour related issues in dispute: Severance Pay; Unfair Discrimination; Interpretation / Application of Collective Agreement; Disputes relating to breach of collective agreement; Disclosure of Information; Unilateral Changes to TErms and Conditions of Employment; Refusal to Bargain; Part Time Employment; Other Claims for Failure to Pay Amounts Owing.
I have no problem authoring and signing a Condonation Affidavit. I am however unclear about your ‘outside of 30 days’ date.
Please clarify what exact date you – Valencia Grootboom, or George CCMA – are using as the outside of the 30 days unfair dismissal date?
The employer Gill Elliotts Lara-Roy-Adoption verbal written will request instructions occurred on 03 March 2020 [CCMA Complaint: Table of Contents Annexures: A.02: pp.12-13/71]. Gill died on 04 March 2020 [D3. pp.21-25/71]. Isobel Rohwer and David Crawley’s ‘Executor of the Estate’ dismissal letter was authored on 10 March 2020 [D4. pp.26/71]. I was informed of Isobel Rohwer and David Crawley’s ‘Executor of the Estate’ dismissal on 18 March 2020 [D5. pp.27-28/71]. On 23 March 2020 I filed an unlawful eviction complaint with the Rental Housing Tribunal [D9. pp.30-40/71]. On 12 May 2020 Isobel Rohwer objected to the Rental Housing Tribunals jurisdiction [D17. pp.49-50/71]. On 13 May 2020 I informed Isobel Rohwer that if she preferred an alternative arbitration or court venue to the Rental Housing Tribunal; that was okay [D19. pages not included in CCMA complaint filing]. On 15 May 2020, I informed the Master of the High Court that there were unresolved unlawful dismissal and eviction issues in dispute with regard to ZAWCHC Estate File: 4968/2020: GM Elliott; and that if the issues in dispute could not be amicably resolved within a week or two, by settlement agreement submitted into Master of High Court Case file; I would file an application contesting the 09 May 2019 written will of GM Elliott [D23. pp.57-58/71]. On 22 May 2020 I was informed by Daniel Pretorius that the Master of the High Court had not yet appointed an ‘Executor of the Estate’ [D34. pp.67-68/71]; meaning that the Rohwer-Crawley 10 March ‘Executor of the Elliott Estate’ dismissal letter was unlawful. On 23 May 2020 Marlise Steenekamp confirmed that she had applied to be appointed as Executor of the Elliott estate on behalf of The One Financial Solution; but that the Master of the High Court had not yet appointed her [D35.pp.69-71/71]; confirming that the 10 March 2020 Rohwer-Crawley ‘Executor of the Estate’ dismissal letter was unlawful. On 23 May 2020 I requested Isobel Rohwer, David Crawley and Marlise Steenekamp to apologize and withdraw 10 March 2020 Rohwer-Crawley unlawful dismissal letter [D35.pp.69-71/71].
Conclusion: On 28 May 2020 I filed the CCMA complaint. 28 May is [A] 16 days after Isobel Rohwer objected to the Rental Housing Tribunal’s jurisdiction; [B] 14 days after informing the Master of the High Court that if the unlawful dismissal / eviction issues in dispute in ZAWCHC Estate File: 4968/2020: GM Elliott were not resolved by settlement agreement filed into the case file; I would contest the will of Gill Elliott; [C] five/six days after being informed on 22/23 May 2020, that the Rohwer-Crawley 10 March 2020 dismissal letter was not legal; [D] five/six days after providing the authors of the illegal – layperson negligent or intentional fraudulent? – 10 March 2020 dismissal letter the opportunity to withdraw their illegal dismissal letter [D35.pp.69-71/71].
Excerpt of D19. pages not included in CCMA complaint filing [13 May: LJ#2 Re MLA-FM: Estate Late: Gill Elliott: MLA-FL 05: Please note that our client (upon your invitation to do so) objects to the jurisdiction of the Rental Housing Tribunal in this matter. EoP-LJ 05: If she prefers the matter be resolved in alternative arbitration or court venues, that’s okay.].
CCMA-VG: The CCMA will attempt to conciliate the matter within 30 days from the date on which we receive the completed form.
EoP-LJ: Soon as Valencia Grootboom and/or CCMA George clarify what exact date you are using as the ‘dismissal’ date that is outside of the 30 days CCMA rule; I can fill out the application for condonation affidavit, with reference to your ‘out of 30 days date’ date, get it signed and provide it to the Estate Gill Elliott respondents and the CCMA.
EoP/OKC TRC Negotiations correspondence is published at EoP Leg Sub [eop-leg-sub.tygae.org.za]
EoP MILED Clerk [EoP Oath PDF]
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