Hi Dave/Sterne
Just for clarity.
The hearing adjourned for the chairperson to make a finding on the 4 charges.
The employee was then informed to be at the company where he was issued with a notice of terminating of service and it said it was on the recommendation of the chairperson.
There was no verdict and no mitigating circumstances.
the matter was referred to the CCMA for conciliation but both parties opted for arbitration.
The employer started to lead evidence at arbitration on the all the charges but after 3 hours we discovered in the arbitration that the charges the employer was leading evidence on the employee was found not guilty at the disciplinary hearing and the recommendation was that of a final written warning.
The chairperson did send the verdict to employer and ask them to send it to employee and both parties must submit mitigating and aggravating circumstances within 3 days.
This verdict and request for mitigating circumstances was not given to employee.
These papers only surfaced at arbitration.
The arbitrator then said that the not guilty charges will fell away and he will only deal with the charge employee was found guilty and the reason why they changed the chairpersons recommendation.
They put it on record that employee was dismissed for one of the charges the employee was not found guilty.
The arbitrator ruled against them and ordered reinstatement retrospective.
They applied for review saying the commisioner did not apply his mind whilst they had an attorney representing them and they agreed and it is on record that the not guilty charges will fall away.
When employee raised one of the charges he was found not guilty the company objected to it.