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Question

15 Jun 2011

Contractual issue
Hi
I started working for my current employer on 17 June 2008. Medical Aid is compulsory for all employees. My employment contract has a medical aid clause in it that states that my first dependant and I will receive a contribution (half) from the firm to the maximum of R1700 provided that I select a specific plan on the firm’ s selected medical aid.
Since then I didn’ t need to enforce this clause as the plan was too expensive for my budget in any case. However, I just returned from maternity leave and after finding out that the plan that I was on was not adequate enough for our family’ s needs I contacted our HR department and asked to have this clause enforced. This would mean that I will now be paying the same amount that I am paying now (including the firm’ s contribution) except that I would have a better plan.
Now I am told that as of 1 July 2008 the firm discontinued contributing anything towards employee’ s medical aid and that it is worked out on a total cost to company basis and that all employees received this notification in writing and were required to sign and return it to HR. I have never received any such written/verbal notification. I queried this with them and also asked for a copy of said letter, but unfortunately they are unable to find a copy of it neither in hard copy format nor electronically nor in my file. I need to know what my rights are in this matter. I obviously still want to be employed by this firm, but I also need to know that they have my best interest at heart and that they are not willfully keeping me in the dark about certain things.
I thank you in advance for your reply.
Lulu
Answer 429 views
Expert
Labour lawyer
Labour Lawyer

01 Jan 0001

re: CONTRACTUAL ISSUE

One needs to very carefully investigate whether there was consultation before the changing of the medical aid compulsory plan. If they are incorrect then you can refer this to the CCMA and challenge it as an unfair labour practice.
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