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Thread: First offense, dismiss-able?

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    Gold Member IMHO's Avatar
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    First offense, dismiss-able?

    A lady on probation, working 4.5 weeks, go home without closing the door to the shop and leave her keys hanging in the door. Sliding door wide open. 45 Minutes later the owners is alerted to this by a customer in front of the shop.

    The lady is a clock watcher and can not go home fast enough in the afternoons. She must go to the premises next door to sign out for the day. She left the shop in a hurry, signed out and got into her car and left. The shop were found open on a few occasions during this time, but there never was proof that it was her. This time there is no other explanation, as she left her keys in the door as well.

    Priors:
    Second appraisal (2 weeks ago) warned her of forgetting to lock doors, resulting in poor security standards.
    Written warning: Poor work performance in that not paying attention to detail.

    Questions.
    Does this warrant a dismissal?
    Do you have to suspend with pay till the hearing, even with such gross negligence and being under probation?
    ~Expenses will eat you alive! - My first Boss~

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    Platinum Member sterne.law@gmail.com's Avatar
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    Suspension is always with pay, unless it is a sanction in itself.
    Such an offence will often be dismissable at first offence even if a person is not on probation.
    Probation still requires procedures but allows for a less stringent or more critical determination of offences.
    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.

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    Gold Member IMHO's Avatar
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    Yes, procedures, procedures. This time EVERYTHING is in place! But I am sure I will end up at CCMA again, if I dissmiss! hehe

    With 'sanction' you mean a verdict of guilty and a penalty of a week's suspension without pay? Sounds more like unpaid leave and a holiday, rather than a penalty! Does people give penalties like that? I suppose it is viable when you are overstaffed and want to save a bit on wages.

    Thanks
    ~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
    Sounds more like unpaid leave and a holiday, rather than a penalty!
    Most staff really don't like the unpaid part and do see it as a penalty.
    The trouble with opportunity is it normally comes dressed up as work.

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    Platinum Member sterne.law@gmail.com's Avatar
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    Suspension without pay is probably the most severe penalty other than dismissal.
    It's unpaid, so it's not a holiday as such.
    In reality it tends to be a 2-4 week period, to drive home the severity.

    Yes, despite perfect procedures, you may still end up at the CCMA, nature of the beast.
    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.

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