AFRIKANMAN

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Posts by AFRIKANMAN

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  116

  You Tube Video Ex-Betheliite Ex-Walkill Worker Layed Off!

  by cha ching in

  1. watchtower
  2. scandals

  i am not sure if this guy is really from bethel, or walkill, but if he is....this poor guy really tells it like it is from the heart.

  he was surprised.. at the 'oh so fast, pack your bags, get your stuff outta here' layoff !.

  https://www.youtube.com/watch?v=uk1xh1egjcu

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  AFRIKANMAN

  According to his story: His dismissal was Illegal and Unfair - In secular terms he would have and still does have recourse to Caesars courts [like JW cares!]
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  116

  You Tube Video Ex-Betheliite Ex-Walkill Worker Layed Off!

  by cha ching in

  1. watchtower
  2. scandals

  i am not sure if this guy is really from bethel, or walkill, but if he is....this poor guy really tells it like it is from the heart.

  he was surprised.. at the 'oh so fast, pack your bags, get your stuff outta here' layoff !.

  https://www.youtube.com/watch?v=uk1xh1egjcu

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  AFRIKANMAN

  How did my 2nd post get into the Tramlines here ?? Demunz !
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  116

  You Tube Video Ex-Betheliite Ex-Walkill Worker Layed Off!

  by cha ching in

  1. watchtower
  2. scandals

  i am not sure if this guy is really from bethel, or walkill, but if he is....this poor guy really tells it like it is from the heart.

  he was surprised.. at the 'oh so fast, pack your bags, get your stuff outta here' layoff !.

  https://www.youtube.com/watch?v=uk1xh1egjcu

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  AFRIKANMAN

  The following is from the LRA of South Africa relating to Dismissal of Employees related to Operational Requirements ie Retrenchment:

  
  

  189. Dismissals based on operational requirements

  (1) When an employer contemplates dismissing one or more employees for reasons based on the employer's operational requirements, the employer must consult-

  (a) any person whom the employer is required to consult in terms of a collective agreement;

  (b) if there is no collective agreement that requires consultation –

  (i) a workplace forum, if the employees likely to be affected by the proposed dismissals are employed in a workplace in respect of which there is a workplace forum; and

  (ii) any registered trade union whose members are likely to be affected by the proposed dismissals;

  (c) if there is no workplace forum in the workplace in which the employees likely to be affected by the proposed dismissals are employed, any registered trade union whose members are likely to be affected by the proposed dismissals; or

  (d) if there is no such trade union, the employees likely to be affected by the proposed dismissals or their representatives nominated for that purpose.

  (2) The employer and the other consulting parties must, in the consultation envisaged by subsections (1) and (3), engage in a meaningful joint consensus-seeking process and attempt to reach consensus on –

  (a) appropriate measures-

  (i) to avoid the dismissals;

  (ii) to minimise the number of dismissals;

  (iii) to change the timing of the dismissals; and

  (iv) to mitigate the adverse effects of the dismissals;

  (b) the method for selecting the employees to be dismissed; and

  (c) the severance pay for dismissed employees.

  (3) The employer must issue a written notice inviting the other consulting party to consult with it and disclose in writing all relevant information, including, but not limited to-

  (a) the reasons for the proposed dismissals;

  (b) the alternatives that the employer considered before proposing the dismissals, and the reasons for rejecting each of those alternatives;

  (c) the number of employees likely to be affected and the job categories in which they are employed;

  (d) the proposed method for selecting which employees to dismiss;

  (e) the time when, or the period during which, the dismissals are likely to take effect;

  (f) the severance pay proposed;

  (g) any assistance that the employer proposes to offer to the employees likely to be dismissed;

  (h) the possibility of the future re-employment of the employees who are dismissed;

  (i) the number of employees employed by the employer; and

  (j) the number of employees that the employer has dismissed for reasons based on its operation requirements in the preceding 12 months.

  (4)

  (a) The provisions of section 16 apply, read with the changes required by the context, to the disclosure of information in terms of subsection (3).

  (b) In any dispute in which in which an arbitrator or the Labour Court is required to decide whether or not any information is relevant, the onus is on the employer to prove that any information that it has refused to disclose is not relevant for the purposes for which it is sought.

  (5) The employer must allow the other consulting party an opportunity during consultation to make representations about any matter dealt with in subsections (2), (3) and (4), as well as any other matter relating to the proposed dismissals.

  (6)

  (a) The employer must consider and respond to the representations made by the other consulting party and, if the employer does not agree with them, the employer must state the reasons for disagreeing.

  (b) If any representation is made in writing, the employer must respond in writing.

  (7) The employer must select the employees to be dismissed according to selection criteria-

  (a) that have been agreed to by the consulting parties; or

  (b) if no criteria have been agreed, criteria that are fair and objective.

  In Essence it is a 2-Way process - not Unilateral and it cannot be done in a very "short" period of time. eg overnight !

  The consultation process must be exhaustive ! The main aim would be to remove the need to retrench in the first place otherwise that all parties concerned reach consensus.

  Note the first point above - the consultation process must commence when the Employer initially contemplates retrenchment - not at some advance point down the line.
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  116

  You Tube Video Ex-Betheliite Ex-Walkill Worker Layed Off!

  by cha ching in

  1. watchtower
  2. scandals

  i am not sure if this guy is really from bethel, or walkill, but if he is....this poor guy really tells it like it is from the heart.

  he was surprised.. at the 'oh so fast, pack your bags, get your stuff outta here' layoff !.

  https://www.youtube.com/watch?v=uk1xh1egjcu

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  AFRIKANMAN

  This comes directly form the LRA [Labour Relations Act] Republic of South Africa

  A person is presumed to be an employee if any one of the 7 factors listed in the LRA – section 200A – or the BCEA section 83A - is present in the relationship between that person and the person for whom they work or to whom they render services. It must be emphasized that not all of these factors must be present – only one of them needs to be present. Subject to the earnings threshold, the presumption applies to any proceedings in terms of either the BCEA or the LRA in which a person alleges “I am an employee in terms of the LRA or BCEA”, and the other party disputes that allegation.

  In order to be presumed to be an employee, any one of the following factors must be present:

  1. i.the person works for or renders services to the person or entities cited in the proceedings as the employer ; and
  2. ii.any one of the seven listed factors is present in their relationship with that person or entity.
     

  A person who works for, or renders services to, any other person is presumed, until the contrary is proved, to be an employee, regardless of the form of contract, if any one or more of the following factors is present:
  

  1. i.the manner in which the person works is subject to the control or direction of another person
  2. ii.the persons hours of work are subject to the control or direction of another person.
  3. iii.[in the case of a person who works for an organization, the person is a part of that organization
  4. iv.the person has worked for that other person for an average of at least 40 hours per month over the last 3 months
  5. v.the person is economically dependent on the other person for whom that person works or renders services
  6. vi.the person is provided with tools of trade or work equipment by the other person; or
  7. vii.the person only works for or renders services to one person.

  Therefore Bethalites in South Africa are employees and must be dealt with according to all the requirements of the LRA [Labour Relations Act and the BCEA [ Basic Conditions of Employment Act] -- Therefore in terms of this Topic, be dismissed ONLY after ALL the processes required and applicable to a Retrenchment have been fulfilled. And this will include all the benefits due to them etc etc.

  The Body of Labour Law in South Africa is very well constituted and drafted and falls under the ambit of one of the most "liberal" constitutions in the world.

  Also - in most "reasonably governed" nations the Labour Laws are guided by that which derives from the ILO [International Labour Organisation]

  Bethal South Africa was taken to task a few years back for not being compliant - under the claim that Bethelites are volunteers and have taken a Vow of Poverty etc etc but the Labour Dept. overruled. [See the 7 Points above]

• As Bethalites earn below the prescribed minimum Wage Threshold they definitely fall under this section [83 and 83A] of the BCEA
• Personally - I think JW has deliberately sought to hide from legislation and all its collateral demands eg Remuneration, Pension etc by introducing this Vow of Poverty [Order of Full-Time Assholes] crap.
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