I was dismissed on Monday past. I worked for a IT company and was outsourced to a client of theirs. I was employed on a fixed term contract.
I started on the 17 June 2008 and would off expired on the 31 January 2009.
Still very shocked at this point in time.
Realistically i really dont think it was a fair trial and to be dismissed. Just because i wanted to be fairly and equally treated at my work place.
I do apologize for the length of my writing.
Just wanted to share my story with you guys.
While it is still fresh in mind. This is what happened
I was hereby summoned with this Notice on the 24 November 2008.
NOTICE OF DISCIPLINARY HEARING
Employee : Taswell Strydom
Offence : Misconduct
Date and time of hearing : 26 November 2008, 08:00
Place : XXXXXXXXXX
Cape Town, Boardroom
Chairperson : XXXXXXXXXX
Line management representatives : XXXXXXX , XXXXXXX
Details regarding offence:
Not executing reasonable instructions from your site manager
Presenting unprofessional behaviour towards fellow staff members
Failed to meet basic requirements of working hours
You will be on further immediate suspension with full pay pending the outcome of the disciplinary hearing.
Please note that you are entitled to representation, but only by fellow XXXXXXXXX employee(s) of your choice.
You may call witnesses in support of your defense.
I, ______________________________ hereby acknowledge receipt of the above letter and have understood the contents thereof.
I attended the the hearing and told the chairperson that i had no time to prepare for the hearing. So she decided to give me 2 days to prepare for the hearing. Adjourned to the 28 November 2008. The next i called the the HR person who handed me the Notice to please furnish more details.
As you can notice. There are no Dates , Times or locations of when this happened. This is what she told me. " The line manager is presenting the case. Therefore no further information was given. Disciplinary hearings allow for these to be discussed" The line manager is also the Applicant. I had no leg to stand on but had no choice to attend the hearing. Friday came i explained to the chairperson before the proceedings began. That i had requested more detailed information because there was no dates nor times and locations on when i allegedly committed this offenses. Therefore i could not properly defend myself and answer question properly. It was dismissed and agreed by her to start the proceedings. I never even had a witness with me or even evidence to defend myself. I plead not guilty to all charges.
Not executing reasonable instructions from your site manager
The Applicant " Repeated late coming to work and not notifying him
that i was going to be late for work."
The Chairperson said she would like the applicant to rather address that
as absenteeism and would later address it as there was already a charge
of late coming. He agreed. So he ill iterated on the notifying of late
coming. I told the chairperson that i was not told to whom i should
notify. Which was the truth. I then told that because i work night shift i
assumed that should notify the person whom i am releaving. The applicant
produced a automated time sheet. Which contained entered and exit
times with dates. All the days of offenses were highlighted. The time
sheet the applicant produced as evidence had problems but not told by
the applicant to the chairperson. " As you can Ms Chairperson there are
repeated times that Taswell would come late to work and you can also
see that at times he would abandon his shift. This is a single resource
shift and is very important. I think its pure negligence and he clearly has
no respect for the client we are serving. Therefore i think its a clear act
of insubordination." So i told the chairperson that i would like to dispute.
The problem was that times were not making sense on the attendance
logs. I never was given chance to have further look at it.
The applicant would like just speak on when it was not even done looking
at the evidence. Applicant " Elrick who Taswell re leaves has for months
been standing in for Taswell`s late coming and told him on many
occasions that he is fed up with this behavior and told me to stop doing.
it. I therefore also think its also an act of insubordination because i he
took advantage of his fellow work colleague." The attendance log spans
for more than 4 months and i asked the chairperson where is the
applicants witness to testify because what he is saying is hearsay
because he never told me such a thing. It was dismissed.
Applicant " Therefore the client wanted Taswell removed from the
site because they could not stand such behavior. Miss Chairperson i have
no evidence of there testimony but the client did tell me this. Another
case of insubordination plus a case of unbecoming conduct Miss
2. Next Charge
Presenting unprofessional behavior towards fellow staff members
Applicant " Miss Chairperson when i phoned Taswell on the 13 November
2008 about 23:30pm. Reason because i received a phone call from Elrick stating that Taswell just phoned him to tell that he is not coming into
work because he was sick. I spoke to Taswell and he was very hostile and
defensive. His behavior over the phone was intolerable. Miss chairperson
could i please ask your assistant to give evidence." The Chairperson
accepted his request. Assistant Hr: " On Monday the 24 November 2008
Taswell was called in by the Outsource Manager. When questioned
his behavior was sort of aggressive. He was shouting and Screaming and
we had to stop questioning him on several occasions because of his
behavior. The Outsource Manager almost left the boardroom because
of this." Madam Chairperson can i dispute that please. I asked her.
I shall begin with the statement that the applicant spoke about. The
applicant telephoned and this is how the conversation went. Applicant: "
Hi Taswell i here from Elrick that you are not coming in." Me: " I am not
feeling well at all it feels like the flu." Applicant:" Taswell!!! how long do
you know that you have the flu." Me: " I woke up early i was not feeling
well" Applicant : " Laughs" I find that hard to believe. Me: " Why are
laughing at me." Applicant: " Taswell there is always something
happening to you and really now i should believe this now. Me: " Ok i will
bring a sick certificate tomorrow then you can see what is wrong with
me. Applicant: " Anyway can bring a sick certificate Taswell. Me: " So
What are you calling me a liar." This was the conversation Madam
Chairperson and yes i became angry. I think i had every right to defend
myself. He thought i was lying and plus he makes a fool out of me by
laughing. Monday was exactly the same. The way the Outsource Manager
questioned me and may add Ms Chairperson the applicant has clearly advantage because the applicant is related to the Outsource Manager. She asked so Taswell what do you think you really her for. Miss Chairperson , Seriously i did not why i was called in. The only thing i could think was about the argument me and the "Applicant" had on the telephone.
Then she told me " look her i dont have time to play games here. Your
behavior is not good for this company and client and that its making a
instability amongst your work colleagues and it is also filtering through to
the client. So therefore i think its best to take you out there and if you were
unhappy why do you still want to work there." Firstly Miss Chairperson
at this point i dont know what she was talking about and
secondly the manner she spoke to me was as if i was a child.
i clearly knew what was going on and I told her that this must of all started when me and the applicant had indifference. He did not like me questioning him about the incident involving a work colleague that was under the influence of alcohol. I had in full confidence that he would of demonstrated fair judgment according to what happened. We were short staffed because of what happened. The following day a sat at my desk and overheard the
employee " who committed the offense" and a work colleague speaking
about the matter like there would be no real big consequence. I was not happy about it and i responded to the " Applicants" e-mail. After the response everything just went pear shaped. I to spoke about the problems the night staff have. We feeling a bit neglected and worthless at times. The permanent staff has meetings where they can talk about there issues. We never even had a one on one with the " Applicant" or any sort of means to express our unhappiness and concerns. He was to unhappy about that as well. Then Outsource Manager told me " Ok Taswell all i just heard was about your unhappiness coupled with your shouting. Do you need help. Where does this aggression come from." I was not shouting Miss Chairperson. I am emotional person and cannot help it when i get excited. I just speak a bit louder. I dont think it is fair to be judged on that.
I will stop here. Its quite lengthy after this. The Absenteeism
which was already spoken about but used in another context
After the proceedings the chairperson allowed me to give evidence in my
defense which i immediately did. This included my sick certificate , two
e-mails containing appraisals from the client i worked at and phone bill
records of confirmation that i notified my Team Leader on the day i was
sick. Because I did not have a witness. I wrote a letter with in regards to
the proceedings. I had it signed by the Hr Coordinator.
I went through the proceedings minutes which include the applicants
evidence. By the real shock of horror. The attendance log that was
submitted for evidence for my late coming had to many inconsistencies.
My entered and exit times. The shift i worked was 12:30am to 7:00am.
on a rotated day schedule. The records would indicated that my entered
times would be in times when my shift never or days never worked.
The system would record me attending work for 0:00. for other days which I said I was absent for. It an entry so why does it not indicate for the other days that’s in the timesheet. 21:45 hours attended which of it would of clashed with my shift . On more then ten accounts. Times that would indicate I would of worked with the person I was supposed to of relieved. I truly think the complainant knew this but still produce the inconsistent attendance log to get rid of me.
The termination letter had to inconsistencies. The Chairperson mentioned nothing about the medical certificate I sent. I told the Chairperson that phoned the person I was relieving but she indicated that I telephoned him. The cell phone bill was my wife’s.
My work colleague on numerous occasions complained to management about my behavior. I never ever received a warning letter for my late coming.
What I cannot understand is that neither the complainant or the Hr Coordinate disputed the matter in regards to about the manner in which the Complainant and Outsource Manager they spoke to me.
Truly believe this was a personal thing towards me. The applicant gave false
information and still got away with it. I feel victimized and discriminated in every way.
Here is ftp link that contains all the original scanned copies of the hearing and
The company`s name and employees are furnished with this document.
So I put a password on rar file. For confidentially purposes.
I would really appreciated it if anyone could give there opinion in regards to this . Just indicate in the post for the pass and I will send it to your PM.
I will admit that I could been wrong in some thing’s.
But this really I cannot explain it.
I would like to ask a question. Can they change/add the notice of disciplinary hearing letterhead. I noticed they added the Hr coordinator in my termination letter where she was not included in the notice letter and was it possible for her to testify against me.
I would really appreciate anyone`s advice.
It will be much appreciated
Thanks for reading.