Unfair dismissal???

Collapse
X
 
  • Time
  • Show
Clear All
new posts
  • Taswell Strydom
    Junior Member
    • Dec 2008
    • 20

    #16
    Hi Dave

    I totally agree in regards to the up keeping of the Service Level Agreement and too it would be a pain in asking for a official complaint letter.
    As i am trying so hard i think of all the negative possibilities and about three hours left.

    There are just that three remaining factors.

    Why did the complainant change his statement. They client informed me about this on the first occasion , 15 mins after No the client informed me on the second occasion when you were absent. 16 weeks between the two which both were given medical certificates.

    The timesheet filled with errors. As the client knows the T & A system is on trial. Would they really consider it as justifiable letting me go knowing its not hard proof?

    Two emails from two managers saying thanks for a outstanding effort made.
    And 1 verbally from the client looking after the service desk.
    Work was always done and when asked to work late by the client.
    There was no hesitation. Only my employer being unhappy about it because of " We dont get paid for working after hours " That is pertaining to the account and the employee.


    It does not make sense at all. More than it points to something else.

    All started with the argument between me and the team leader.
    As do admit that emotions was heightened but only because i was characterized as a liar.
    Which you can point to as stealing. Getting paid for staying at home for basically doing nothing. Sorry for being a bit of a drama queen but i do take great pride in my work and welfare for my wife and kids. I feels like failure and plus knowing whats going to hit us soon as to regards to the current economy. Job loses are already happening and will continue.
    Yes i do realize that i could be at fault for what has happened. If so the client wanting me off site why did it take 5 months which does not leave me alone in this regard? For me protecting my morals and human right when being accused of lying when it was not true? As to why there was no disciplinary hearing for the employee who came to work under the influence of alcohol and by that compromising the team and client for late assistance of us to the reps country wide. To it was also swept under the mat with a verbal warning and hiding away from the client. I dont think its fair at all.
    Last edited by Taswell Strydom; 10-Dec-08, 12:00 PM. Reason: grammer

    Comment

    • Dave A
      Site Caretaker

      • May 2006
      • 22803

      #17
      Don't get me wrong Taswell. I sincerely wish you well with this.

      Think positive - it's about being treated fairly and you seem to have a case to be answered. Please don't forget to let us know how it went.
      Participation is voluntary.

      Alcocks Electrical Services | Alcocks Pest Control & Entomological Services | Alcocks Hygiene Services

      Comment

      • duncan drennan
        Email problem

        • Jun 2006
        • 2642

        #18
        Originally posted by Dave A
        Instead, we've got a series of relatively petty transgressions on the charge sheet with one exception; losing your cool to a superior is serious.
        I have absolutely no idea what is considered pretty, serious, and grounds for immediate dismissal. Would you mind expanding on some of these in a new thread?

        |

        Comment

        • Dave A
          Site Caretaker

          • May 2006
          • 22803

          #19
          My guide on this is based on what is in our employment contract. Just where that stands for application where there isn't a schedule as part of the employment contract I have no idea.
          Participation is voluntary.

          Alcocks Electrical Services | Alcocks Pest Control & Entomological Services | Alcocks Hygiene Services

          Comment

          • Taswell Strydom
            Junior Member
            • Dec 2008
            • 20

            #20
            Update

            Hi Guys

            I went the CCMA as my broke down on Wednesday. " I wound whats that clicking noise" CV Joints both inner and outer at same time. Possible i have know idea. Anyway at this point in time can fill out an application for conciliation. It takes about 15 days to be notified for a date. So looks like it will be next year. If the parties disagree then it will go to arbitration where i will submit my evidence.

            Anyway i will have to way until next year.

            I will update you guys when i receive my date to appear.

            Thanks for all the help

            Regards

            Taswell Strydom

            Comment

            • Taswell Strydom
              Junior Member
              • Dec 2008
              • 20

              #21
              CON/ARB????

              Hi Guys/Ladies

              A very belated Happy New Year.
              Hope all of you had a great start to the new year.
              Hope it will be fulfilling for all of you this year

              My Hearing is tomorrow at the CCMA Cape Town.
              Bit nerves because i will be representing myself.
              Ja......
              Anyway i am bit confused as to the notification the CCMA sent.
              I know that conciliation first takes place and if the parties disagree then it will go to arbitration which usually takes about another 15 days or so.

              The notifications says : CCMA Reminder: Case WE143-09 (Con/Arb) is scheduled for Tue 3-Feb-2009 13:30




              I will both take place the same day????


              Regards

              Taswell Strydom

              Comment

              • Faan
                Bronze Member

                • Jan 2007
                • 123

                #22
                Taswell if it is a con/arb and you cannot get to an agreement in the conciliation process the arbitration will take place directly (1/2 hour) thereafter. Whatever decision is taken by the arbitrator is binding on both parties and will have to be obeyed. If you disagree with the outcome you may appeal to the Labour Court. If you did not want arbitration to take place immediately you should have requested that to happen obviously providing very good reasons for it.
                Good luck
                Faan Kruger
                +27 82 853 7879
                krugerfaan@gmail.com

                Comment

                • Taswell Strydom
                  Junior Member
                  • Dec 2008
                  • 20

                  #23
                  Hi Faan

                  Con/Arb is not a problem for me tomorrow.
                  Just the confidence and the preparation of my opening and closing statement that i am having problem with. Compiling of the evidence.

                  But i am sure i can pull it off.
                  Cannot afford to make mistakes.

                  Regards

                  Taswell

                  Comment

                  • Dave A
                    Site Caretaker

                    • May 2006
                    • 22803

                    #24
                    Good luck Taswell.
                    Participation is voluntary.

                    Alcocks Electrical Services | Alcocks Pest Control & Entomological Services | Alcocks Hygiene Services

                    Comment

                    Working...