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Thread: Fired drunk worker what do I owe

  1. #1
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    Fired drunk worker what do I owe

    Hi.
    I own a very small satellite installation cc with 3 staff members.
    We do satellite installations: one of my staff was found to be very drunk and drinking while working at a job.
    I have fired the installer with imeadiate effect.
    He has been in my employ for 2.5 years.
    his leave is up to date.

    His termination was with imeadiate effect, do I still need to pay him 30 days notice?
    I am confused regard severance pay do I pay 1 weak per year or do I have to pay 1 day for every 17 days worked or does he forfeit due to being fired.
    Can he still claim UIF if he is fired for drinking?

    Thank you, your input is much appreciated.

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    He will not be able to claim UIF - it's only for redundancies.

    Unfortunately I am not sure being drunk is a fire able offence, I think counselling is the recommended course. Pus I am not sure the correct procedures where followed - need to have a hearing, blah, blah.

    Hiring and firing in RSA is a joke unfortunately - just hope he does not take it further.

    Good luck.

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    Site Caretaker Dave A's Avatar
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    As far as I know, dismissed employees still qualify for UIF benefits.

    I've got "Being under the influence of or possession/consumption of liquor/drugs whilst on duty" as an "instant dismissal without notice pay" offence in our standard employment contract. If you don't have an employment contract in place that doesn't make this clear, you might be advised to rather go for a final written warning.

    Counselling is normally required where there has been excessive absenteeism and it is established the cause is an alcohol problem. This is something different from actually consuming alcohol while on duty.

    With any dismissal (even dismissal without notice), service pay, leave pay should be paid out. When it comes to service pay I'd stick to one week's pay for each completed year of service.
    The trouble with opportunity is it normally comes dressed up as work.

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    Gold Member IMHO's Avatar
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    Interesting. I thought service pay only becomes payable in cases of retrenchment.

    UIF. When you resign, you do not get UIF. Any other reason, including dismissal for whatever, including dishonesty, you qualify. Seems so wrong...
    ~Expenses will eat you alive! - My first Boss~

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    Site Caretaker Dave A's Avatar
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    Quote Originally Posted by IMHO View Post
    Interesting. I thought service pay only becomes payable in cases of retrenchment.
    It wouldn't be the first thing I've got wrong in the last 24 hours

    Obviously no-one objects when you pay it anyway, but I don't know with certainty that you have to pay it.

    It'll be nice to clear that one up.
    The trouble with opportunity is it normally comes dressed up as work.

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    Platinum Member Mike C's Avatar
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    I think that you are right IMHO - here is the reference from Basic Conditions of Employment Act

    Payments on termination

    40. On termination of employment, an employer must pay an employee—
    (a) for any paid time off that the employee is entitled to in terms of section 10(3) or 16(3) that the employee has not taken;
    (b) remuneration calculated in accordance with section 21(1) for any period of annual leave due in terms of section 20(2) that the employee has not taken; and
    (c) if the employee has been in employment longer than four months, in respect of the employee’s annual leave ntitlement during an incomplete annual leave cycle as defined in section 20(1)—
    (i) one day’s remuneration in respect of every 17 days on which the employee worked or was entitled to be paid; or
    (ii) remuneration calculated on any basis that is at least as favourable to the employee as that calculated in terms of subparagraph (i).

    41. Severance pay
    (1) For the purposes of this section, ‘‘operational requirements’’ means requirements based on the economic, technological, structural or similar needs of an employer.
    (2) An employer must pay an employee who is dismissed for reasons based on the employer’s operational requirements severance pay equal to at least one week’s remuneration for each completed year of continuous service with that employer, calculated in accordance with section 35.
    An education isn't how much you have committed to memory, or even how much you know. It's being able to differentiate between what you do know and what you don't. - Anatole France

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    Unfortunately the law favours the employee very strongly in SA. I find the Labour Guide website very useful as a guide. See the following:

    http://www.labourguide.co.za/general...the-basics-281

    http://www.labourguide.co.za/workpla...dismissals-270

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