Hi All,
Ok so here's what I would like advice on:
An employee (an assistance retail manager) applied 2 months in advance for +- 11 days leave, for wedding and honeymoon. The branch manager kept saying "yes, it's fine, I'll sign it, I'll sign it" and never did. The employee (in the wrong obviously for not dotting his T's) believed the branch manager and went on leave.
Upon returning to work as normal after being away, he was told that a registered letter was sent to last known address telling the employee that he is absconding and there will be disciplinary action when he returns. The employee did not receive the letter - he moved house and did not update the records (also employees fault). There were no phone calls made or any other forms of communication.
The employee tried to verbally say upon hearing this that it's complete nonsense. And tried to argue that the branch manager had agreed to sign the leave form, but as there was no proof (the branch manager must have thrown away the leave form) there was nothing that the employee could do.
A hearing was scheduled but had to be postponed because the employee was told to attend training that week (training paid for by the employer for the employee to become a branch manager) After that week of training, the hearing took place and after another week the findings were that the employee was guilty of absconding and he was dismissed immediately for absconding.
The employee, not being too clued up on labour law and thinking he didn't stand a chance, did not fight back. But now, upon gaining some knowledge, wants to take the employer to the CCMA.
What I would like to know is: Does the employee stand a chance if he takes the employer to CCMA?
Also, is it right to make an employee work / go for the training while waiting for the hearing date?
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