Background of a case: Dismissed based on misconduct
Primary issue was identified : Absconded
On 10th day of Jan 2010 around 10am, while I was busy cleaning my workplace I received a call from Mr. Piet who asks me my where about, I told him I am at the workplace (I stayed on company premises) and he replied that he is on his way to me. On arrival of Mr. Piet and his male companion, greeted and Mr. Piet said to me that Mr. Koos phoned him and told him that he must come to Humansdorp and pick me up, and I must pack all my belongings and take it with me home, to Hankey. I was so shocked and wanted to know why must I pack all my belongings and take it with me to Hankey. I asked Mr. Piet did Mr. Koos give any explanations as to why I must pack all my belongings and take it with me to Hankey, and he replied no explanation was given and I must phone Mr. Koos myself. I immediately tried to phone Mr. Koos on his cell phone but, his phone was on voicemail/off. I then phoned the head office in Port Elizabeth and talked to Mr. Jan, on his cell phone. I told Mr. Jan that Mr. Piet is in Humansdorp on instruction from Mr. Koos to take me to Hankey with all my stuff and I asked him did Mr. Koos mentioned anything to him about this. Mr. Jan replied that I must talk to Mr. Koos personally about this matter. I again tried to get hold of Mr. Koos but without any success. While I was busy trying to get hold of Mr. Koos, Mr. Piet pressured me to pack my stuff because, he, Mr. Piet must take the workplace (where I stayed) and other keys to Mr. Koos’s house. So I was left no choice but to leave the premises. Mr. Piet said to me to pack all my stuff in one of the company’s transport and he (Mr. Piet) will follow me with one of the companies cars to Hankey, were he will collect the company’s transport from me.
On 11th day of Jan 2010, I tried again to get hold of Mr. Koos but without any success.
On 12th day of Jan 2010 around 08h30am, I phoned Mr. Koos on his office number and I was inform (by secretary) that Mr. Koos is not in office that day, I then tried Mr. Koos`s cell phone but again without success. I then phone Mr. Jan on his cell phone and he said that he will call me back, he is in a meeting. I waited for Mr. Jan call me back and he didn’t. Later the same day I tried to phone Mr. Koos and Mr. Jan but did not get hold of hem. It was then that it becomes clear to me that Mr. Koos and my employer wanted to get rite of me.
I then went to the DoL to apply for UIF, and I explained my situation,
It was only then when it come under my attention, on the UI19 form that I was dismiss. I applied for my UIF and was refer by the Department of Labour to take the matter to the CCMA if I want to, which I consequently did. I went to the CCMA in PE and filed my application for condonation in respect of unfair dismissal. I faxed my application to the company and to CCMA. I received the IN LIMINE RULING which stated that I the applicant deserve to have my claim of unfair dismissal be tested through the CCMA processes.
I received a fax from the CCMA stating the Conciliation hearing date. The con-arb of this matter took place at the offices of the CCMA. I appeared in person and there was no appearance on behalf of employer. Commissioner telephone Mr. Koos, who said he was attending a bereavement of his family and promised to send his colleague. Mr. Bean arrived at the hearing and stated that he was not involved in the dispute and that without Mr. Koos it will be difficult for him to proceed. He therefore applied for postponement with a tender of that day’s wasted disbursement. This amount was supposed to be deposited in my bank. The matter was postponed.
The Second arbitration of this matter took place at the offices of the CCMA. I appeared in person and there was no appearance on behalf of employer. The arbitration hearing proceed in default.
I received a fax from the CCMA, my arbitration award which stated that I was unfairly dismissed and that the employer is ordered to pay me within 14 days from the date of service of the award by the CCMA. The Employer failed to comply with the ruling (Award) and the 14 days lapsed. I was then forced to file an application to certify CCMA award and WRIT of execution. The WRIT of execution was served to the employer by the sheriff of the court, only then,
The employer applied for a review and there arguing statement is that I have absconded and Koos was under stress treatment and forgot to attend the Arbitration hearings.
How do I prove that I didn’t absconded but was unfairly and unprocedural dismissed? I am currently unemployed and they know I don’t have money for an attorney to defend the matter as they have instructed their attorney to represent them.