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Thread: appealing against incapacity hearing outcome with company

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    Question appealing against incapacity hearing outcome with company

    What would the appeal process and procedure be for an employee to appeal against the incapacity hearing outcome by the Chairman? Do you need to appeal to the Chairman or the company HR? As I understand this is done up to 5 days after the hearing and before you submit to the CCMA.

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    Diamond Member Vanash Naick's Avatar
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    Hi Deviiance,

    It depends on the company policy. Since it is urgent, you should call the HR department/manager and find out. Some companies have an actual appeal form, if not, write a simple letter setting out your grounds of appeal.
    “The philosophers have only interpreted the world, in various ways. The point, however, is to change it.” Karl Marx
    vanash.naick@gmail.com

    Disclaimer: The above is not intended to be legal advice, but merely conveys general information related to legal issues commonly encountered. Any reliance upon the above shall be at the user’s own risk
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    Thank you Vanash. Should I bring this up with the Chairman or my HR department?

    If they decide to go with a dismissal do I?
    1. sign the dismissal notice, go home and submit the appeal from there or
    2.do I refuse to sign the dismissal en stay on duty?

    How does that work?

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    Diamond Member Vanash Naick's Avatar
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    I take it that a dismissal has not yet taken place. Have you received a notification to attend a disciplinary hearing?
    “The philosophers have only interpreted the world, in various ways. The point, however, is to change it.” Karl Marx
    vanash.naick@gmail.com

    Disclaimer: The above is not intended to be legal advice, but merely conveys general information related to legal issues commonly encountered. Any reliance upon the above shall be at the user’s own risk
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    Quote Originally Posted by Vanash Naick View Post
    I take it that a dismissal has not yet taken place. Have you received a notification to attend a disciplinary hearing?

    Not yet, we had the 1st evaluation today in which I was 7,42% below the 1st evaluation threshold. The company said that they cannot see a future and that all I do is cost them money, so I will need to start getting my ducks in a row for the worst. I was advised by the Chairman that it would look better in my case if I launch an appeal if the outcome is bad.

    I should get the outcome of my evaluation in the beginning of next week.

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    Quote Originally Posted by Deviiance View Post
    Not yet, we had the 1st evaluation today in which I was 7,42% below the 1st evaluation threshold. The company said that they cannot see a future and that all I do is cost them money, so I will need to start getting my ducks in a row for the worst. I was advised by the Chairman that it would look better in my case if I launch an appeal if the outcome is bad.

    I should get the outcome of my evaluation in the beginning of next week.
    I just want to add that there is 3 evaluation periods in total, but by the looks of it they are aiming to dismiss me faster than later and I am preparing for worst case scenario.

    My thresholds are set at the following:

    September: 75000
    October: 101500
    November: 130500

    I reached 61884.94 in September.

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    I have just had my bargaining council meeting which has now been referred to arbitration.

    The same chairperson whom chaired the 1st evaluation as well as the second evaluation which led to my dismissal without notice showed up at the bargaining council as the representative for the company. When I sent through my appeal (appealing for a fair judgement due to not having a independent and fair dismissal as well as the chairman not taking my improvement into consideration after training was done) this was handled internally with Invictus (company representing my ex employer) by another lady in the same consultant.

    Is this allowed or can I argue against it in the arbitration? Bearing in mind I have no legal background and that this was a poor performance dismissal

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    Just to make it clear

    1st chairman and 2nd chairman and again today at bargaining council was the same consultant from Invictus
    Appeal judgement given by lady from same company (Invictus) as chairman

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