Dismissal without hearing

[IMHO]

I made the cardinal mistake. I investigated the case of dishonesty/fraudulently taking money, on the Friday afternoon. The employee were very uncooperative and denied obvious proof of the unauthorized taking of money. I lost my cool and told the employee she leave me no choice but to dismiss and she must come get the paperwork after the weekend. An hour later I realized my error and phoned in the morning (Saturday), rectifying my error and told the employee it is a suspension and not dismissal and the paperwork to fetch on Monday is a notice of inquiry. The notice was fetched on Monday, but the employee refused to sign for receipt and a witness signed, all on video. Wednesday came, and she did not pitch. I send a sms to meet to set another date and time. Thursday, she went to the CCMA.

I understand that it is imperative to follow procedure. My question, was there any case previously with similar circumstances? (An investigation was done and the employee was given a chance to explain) Does the employer have no chance whatsoever to correct the situation? In this case it was rectified in less than 24 hours and the CCMA was approached a day after the inquiry was supposed to happen. According to the Commissioners, a nonprocedural dismissal did happen and the best remedy is to reach an agreement in conciliation phase.

[sterne.law@gmail.com]

There is no statutory requirements for a formal enquiry, that is sit at table etc, etc.
In this regard see the April Elizabeth homes case.

You could argue that there was no dismissal and CCMA has no jurisdiction, but it is probably best to deal with the matter and get it out of the way.
It is also worth bearing in mind that there are 2 process to consider, the procedure and the substance. Where substance is held to be reason for dismissal, even if the procedure is held to be unfair, there will not be 're reinstatement

[Marq]

Just do the criminal case - report to cops for theft.
If you have evidence should be easy.
The CCMA (Civil case) will generally go away after that.

[IMHO]

Settled for 2 weeks pay.

[Justloadit]

Glad it came to an amicable end. The 2 weeks pay is far less than what the loses would be if he continued.

I hope you got him to sign a letter of acceptance, with the words that state that this is full and final settlement, and no case will be raised against you or the company in future on acceptance of the money or words to that effect. Can save you lots of agro in the future.