Unfair dismissal???

[Chatmaster]

Based on the information you supplied, there are definite grounds to go to the CCMA with this. I wish you good luck Taswell!

[Taswell Strydom]

Thanks for the advise guys
Much appreciated
Just considering at the moment if i you should present my case myself or try to get a labour law lawyer?
I will be going to the CCMA tomorrow.

Thanks again

Regards

Taswell Strydom

[Faan]

Hi Taswell,

Mail me privately your details. My wife works in this field and I will ask her to have a look at your situation.

[Taswell Strydom]

As i am tirelessly try to get stuff ready for the CCMA.
I made another discovery that might be the " The Winning Factor" of maybe its the tiredness creeping in. Dave asked me a good question that i to did not know of as well What were you dismissed for????

I was dismissed for apparently breaking the trust relationship between me and the client
No testimonial or witness for the this but rather an error filled timesheet
for evidence given.


The notice of disciplinary hearing reads:

1.Insubordination: Not Executing reasonable instructions form your site Manager
2.Unbecoming Behavior:Presenting unprofessional behavior towards fellow members
3.Absenteeism – Failed to meet basic requirements of work hours.


But the the finding of the disciplinary hearing reads as:

1. Insubordination – Not Executing reasonable instructions form your site Manager
2. Unbecoming Behavior – Presenting unprofessional behavior towards Client and fellow members
3. Absenteeism – Failed to meet basic requirements of work hours.

They added client. Where the notice only reads - fellow staff members.

They surely cannot change the charge sheet notice????

Makes perfect sense what Dave said. They either could of kept me own or dismiss me on a serious charge.

Eiisssh

[Dave A]

Insubordination and harming the reputation of the company are serious charges that could merit a final written warning or perhaps immediate dismissal in extreme cases.

Part of finding answers is looking at the other party's situation and motivation too.

I'm speculating, but let's say your employer was put under pressure to remove you from the site. This could have been directly about your performance, or it could have been about service levels. Either way, your employer has a problem to fix and measures need to be taken.

What gets me here is if this is the case, the battlefield as presented is not talking to the real problem.

If I was in your employer's position, I would have asked for a letter from the client to make the complaint official (going "It's a pain, I know. But I need it to back up the changes I'm going to have to make to give you the service levels you want").

Now I've got solid ammunition to use in a disciplinary (if that is what is needed to solve the problem). The timesheets and conversations between yourself and your supervisor would then only be supporting evidence that you are part of the cause of the problem - an unhappy client. The main problem is the reputation of the company has been damaged in the eyes of a client and heads can now roll.

Employees can understand if they've contributed to a major problem, and find it easier to accept the "punishment." The steps to resolve the problem must still be fair, but hopefully you get my main thrust.

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.

Sometimes business digs its own hole in these things

So in wishing you good luck with your CCMA case, Taswell, I must also suggest you take heed of what Ian pointed out.

[Taswell Strydom]

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.

[Dave A]

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.

[duncan drennan]

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?

[Dave A]

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.

[Taswell Strydom]

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