Results 1 to 5 of 5

Thread: Dismissal without hearing

  1. #1
    Gold Member IMHO's Avatar
    Join Date
    Jan 2012
    Location
    NW
    Posts
    538
    Thanks
    11
    Thanked 52 Times in 47 Posts

    Dismissal without hearing

    I made the cardinal mistake. I investigated the case of dishonesty/fraudulently taking money, on the Friday afternoon. The employee were very uncooperative and denied obvious proof of the unauthorized taking of money. I lost my cool and told the employee she leave me no choice but to dismiss and she must come get the paperwork after the weekend. An hour later I realized my error and phoned in the morning (Saturday), rectifying my error and told the employee it is a suspension and not dismissal and the paperwork to fetch on Monday is a notice of inquiry. The notice was fetched on Monday, but the employee refused to sign for receipt and a witness signed, all on video. Wednesday came, and she did not pitch. I send a sms to meet to set another date and time. Thursday, she went to the CCMA.

    I understand that it is imperative to follow procedure. My question, was there any case previously with similar circumstances? (An investigation was done and the employee was given a chance to explain) Does the employer have no chance whatsoever to correct the situation? In this case it was rectified in less than 24 hours and the CCMA was approached a day after the inquiry was supposed to happen. According to the Commissioners, a nonprocedural dismissal did happen and the best remedy is to reach an agreement in conciliation phase.
    ~Expenses will eat you alive! - My first Boss~

  2. #2
    Platinum Member sterne.law@gmail.com's Avatar
    Join Date
    Oct 2009
    Location
    Durban
    Posts
    1,328
    Thanks
    38
    Thanked 561 Times in 410 Posts
    Blog Entries
    7
    There is no statutory requirements for a formal enquiry, that is sit at table etc, etc.
    In this regard see the April Elizabeth homes case.

    You could argue that there was no dismissal and CCMA has no jurisdiction, but it is probably best to deal with the matter and get it out of the way.
    It is also worth bearing in mind that there are 2 process to consider, the procedure and the substance. Where substance is held to be reason for dismissal, even if the procedure is held to be unfair, there will not be 're reinstatement
    Anthony Sterne

    www.acumenholdings.co.za
    DISCLAIMER The above is merely a comment in discussion form and an open public arena. It does not constitute a legal opinion or professional advice in any manner or form.

  3. #3
    Platinum Member Marq's Avatar
    Join Date
    May 2006
    Posts
    1,296
    Thanks
    73
    Thanked 283 Times in 216 Posts
    Just do the criminal case - report to cops for theft.
    If you have evidence should be easy.
    The CCMA (Civil case) will generally go away after that.
    The cost of living hasn't affected its popularity.
    Sponsored By: http://www.honeycombhouse.com

  4. #4
    Gold Member IMHO's Avatar
    Join Date
    Jan 2012
    Location
    NW
    Posts
    538
    Thanks
    11
    Thanked 52 Times in 47 Posts
    Settled for 2 weeks pay.
    ~Expenses will eat you alive! - My first Boss~

  5. #5
    Diamond Member Justloadit's Avatar
    Join Date
    Nov 2010
    Location
    Johannesburg
    Posts
    2,671
    Thanks
    88
    Thanked 544 Times in 460 Posts
    Blog Entries
    1
    Glad it came to an amicable end. The 2 weeks pay is far less than what the loses would be if he continued.

    I hope you got him to sign a letter of acceptance, with the words that state that this is full and final settlement, and no case will be raised against you or the company in future on acceptance of the money or words to that effect. Can save you lots of agro in the future.
    Victor - Knowledge is a blessing or a curse, your current circumstances make you decide!
    Solar and LED lighting solutions - www.microsolve.co.za

Similar Threads

  1. [Question] Arbitration Hearing
    By shiebas in forum Labour Relations and Legislation Forum
    Replies: 9
    Last Post: 05-Jul-13, 07:39 AM
  2. [Question] Constructive dismissal
    By Joseph M in forum Labour Relations and Legislation Forum
    Replies: 3
    Last Post: 03-Jul-13, 08:57 PM
  3. Template for chairing a disciplinary hearing
    By Vanash Naick in forum Labour Relations and Legislation Forum
    Replies: 0
    Last Post: 21-Dec-11, 08:16 PM
  4. The first-timer's guide to attending a CCMA hearing
    By BBBEE_CompSpec in forum Labour Relations and Legislation Forum
    Replies: 0
    Last Post: 27-Nov-09, 11:25 PM

Did you like this article? Share it with your favourite social network.

Did you like this article? Share it with your favourite social network.

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •