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Thread: Unfair dismissal or what?

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    Junior Member xBrightDiamondX's Avatar
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    Unfair dismissal or what?

    Hi all
    I recently got fired on the spot without notice during my probation consultation session on 25 June 2015. I received a notice to attend this session the same day i came back to work from sick leave on the 23rd June 2015. Reasons on the notice were "Recent poor work attitude and work performance.

    !. The company representative made a complete false statement. They claimed i worked in a certain department in the company where i never worked, They also claimed that i earn more hourly rate than actually stated on my payslip and said that i was supposed to earn less than half of that. I have witnesses to this.

    2. The 2 witnesses they used to testify against me, their statements were both related to 2 days after the date of the notice i received.

    3. I was on a probation contract for 6 months that were terminated by this session 2 months prematurely.

    I have been to the CCMA and i was told this is an unfair dismissal, they proceeded to contact the company whom in return told CCMA that i were demoted from and artisan to an assistant. I am totally unaware of this.

    As far as i understand this company that i worked for is well known for hiring and firing as it please them.
    I also have the complete Probation counseling session recorded which i would like to use as evidence shout it be allowed or required.

    What is it that i can claim for in this case with CCMA against my employer?
    Can i sue the company representative for defamation for giving false statements about me?
    The CCMA did mention they can with evidence get me to return to my work on a permanent basis, not back as in probation but i fear work conditions and situations will worsen.
    Any help?

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    Diamond Member HR Solutions's Avatar
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    I would like to comment ..... not on whether it is fair or unfair of the company but on my own experience being in the Recruitment industry and maybe it will help you.

    From experience - a company always has a reason for getting rid of someone and the victim sometimes never realises what they have done wrong or the reason. But the people that seem to have this problem always seem to have baggage e.g. past history of time taken off or being sick without reason or ccma cases etc etc etc. for the same ole same ole reasons. A person taking too much time off especially in their probation tends to not make it and does not last long at companies. This in turn reflects badly on your cv and jeopodizes future jobs because it shows you are a job hopper.

    Just for interest sake but when you go for another interview at another company don't mention ccma to them. It sends a message to them and they might just steer away from you. Perhaps if you go into probation again try not to take time off, even try not to get sick and try go out of your way and work over and beyond your scope of employment. Employers see this and respect this.
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    Silver Member Greig Whitton's Avatar
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    Quote Originally Posted by xBrightDiamondX View Post
    What is it that i can claim for in this case with CCMA against my employer?
    Reinstatement is the preferred remedy in cases of unfair dismissal. However, compensation is also a possibility and is capped at 24 months' salary for dismissals that are automatically unfair (e.g. dismissing an employee for being pregnant) or 12 months' salary for all other cases.

    Quote Originally Posted by xBrightDiamondX View Post
    Can i sue the company representative for defamation for giving false statements about me?
    Probably. Don't bother.

    Quote Originally Posted by xBrightDiamondX View Post
    The CCMA did mention they can with evidence get me to return to my work on a permanent basis, not back as in probation but i fear work conditions and situations will worsen.Any help?
    Reinstatement is preferable but not mandatory. If you can show that the working relationship has been irreparably damaged and/or that working conditions are intolerable then the CCMA would likely award compensation only.

    Founder of Evergrow - Helping South African business owners grow their business without the growing pains

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    Junior Member xBrightDiamondX's Avatar
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    Interesting but the accident was unavoidable with multiple injuries and so were a severe throat infection, i get what you saying and this will be my first time ever dealing with the ccma and an employer like this.

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    Site Caretaker Dave A's Avatar
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    The interesting thing about having a probation period in place is the employer is taking on the responsibility to train the employee during this period. You cannot dismiss on the basis of performance until the end of the probation period unless there is clear evidence of no improvement despite training and counselling interventions. Similarly, I foresee a problem with demoting an employee before the end of the probation period.

    People make the mistake of thinking having a probation period makes dismissal easier. If anything, it makes it harder. The main upside is it normally involves a very short notice period (which can also be a double edged sword).
    The trouble with opportunity is it normally comes dressed up as work.

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    Junior Member xBrightDiamondX's Avatar
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    Quote Originally Posted by Dave A View Post
    The interesting thing about having a probation period in place is the employer is taking on the responsibility to train the employee during this period. You cannot dismiss on the basis of performance until the end of the probation period unless there is clear evidence of no improvement despite training and counselling interventions. Similarly, I foresee a problem with demoting an employee before the end of the probation period.

    People make the mistake of thinking having a probation period makes dismissal easier. If anything, it makes it harder. The main upside is it normally involves a very short notice period (which can also be a double edged sword).
    Good morning. You see in my case my employer fabricated a false story as a reason to have me dismissed, i have witnesses to that as well as a recording.
    The lawyer whom was the Chairman is also in on it, CCMA called him where he told CCMA that i have been demoted. That as also the first time that i have heard of it.
    On another occasion about a month ago about 15 of us were called to the board room where the company operations manager told us we were "Nominated" by our supervisors or certain supervisors as people who is not throwing in their weight and a whole lot of other things. We were threatened that it will be the end of our contract if he had to see our faces one more up in the board room.
    The main problem is they are over staffed, just before i left i heard they need to let 9 people go. This company also have a history of hiring and firing as the pleases.
    I have also emailed the Lawyer that were the Chairman of the Counsel session and asked him for the minutes of the session. I got no response from him either.

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    Diamond Member HR Solutions's Avatar
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    i have witnesses to that as well as a recording.
    Just as a matter of interest - why did you record this meeting ?
    You must have either suspected something was up due to something happening beforehand or for some reason !
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    Diamond Member adrianh's Avatar
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    Well then, they clearly don't want your ass around so what are you trying to accomplish?
    How easily someone is offended is directly proportional to how stupid they are.
    ~GS Elevator

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    Junior Member xBrightDiamondX's Avatar
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    Quote Originally Posted by adrianh View Post
    Well then, they clearly don't want your ass around so what are you trying to accomplish?
    Just getting advice here but clearly not from you

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    Junior Member xBrightDiamondX's Avatar
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    Quote Originally Posted by HR Solutions View Post
    Just as a matter of interest - why did you record this meeting ?
    You must have either suspected something was up due to something happening beforehand or for some reason !
    Similar things happened to other people at the same company, yes i was suspecting the same was going to happen to me which unfortunately did

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