An employee of mine that only worked for me for three months took me to the CCMA claiming that I told him to F off and not to come back over the phone. The truth is he did not come back to work and after nearly a month of being absent I received a fax stating that I fired him. The CCMA awarded him a settlement.
This means that any employee can claim that you fired him and you have nothing to protect yourself against that. This person did the same with his previous employer. But the CCMA refuses to look at a person’s character. If I gave someone one Rand and he tells me I never gave it to him how can a third person determine whose right, especially if you are not allowed to look at someone’s character.
By giving someone money you will let him sign for it and you have proof. With the CCMA you have one person and he can decide whom he wants to believe and his decision is final.
The labor law should change. An employer should not be able to fire someone verbally. There should be a form from the CCMA with witnesses and the reasons for dismissal given to the employee and only then should he be dismissed.
This person makes a living out of CCMA settlement. There should be a blacklist for people like that.