This letter can be used as a model for the referral of any complaint for investigation to the Department of Employment and Labour or to a Bargaining Council.

22 January 20…

The Labour Inspector Department of Employment and Labour
Durban

Dear Sir/Madam

RE: JAMES TYEKELO / SEW ‘N KNIT

We have been approached by Mr Tyekelo, who was dismissed from his employment with Sew ‘n Knit of 15 Bell Arcade, Greytown on 4 January 20….. He started working for Sew ‘n Knit on 20 February 2005 and was paid a salary of R1 000 per week at the time of his dismissal.

According to Mr Tyekelo he was dismissed because he was late for duty on 28 December. He advises us that the reason he was late was because of a taxi boycott in the area where he lives and he had to wait for a bus to arrive to take him to work. It is clear that such circumstances are beyond the control of Mr Tyekelo who has no history of lateness.

Mr Tyekelo was dismissed without being given notice or paid in lieu of notice and he was not paid out the pro-rata leave owing to him. He last took leave in March. We do not believe that the circumstances justified summarily dismissing Mr Tyekelo.

He wishes to claim the outstanding money which is calculated as follows:

• One week’s salary in lieu of notice: R1 000
• Pro-rata leave pay (for 9 completed months service) R1 000 x 3 weeks leave per annum as per contract = R3 000 
• R3 000 (divided by 12 months) = R250 per month x 9 months worked R2 250

Please investigate Mr Tyekelo’s claim for a total of R2 250 and advise us of the outcome of your investigations.

Yours faithfully

……………………………………
B. CAROLUS (ADVISOR)