The charge is Dishonesty - in that on 3 December you intentionally and fraudently falsified a medical certificate. This can bea dismissable offecne, even first time around (after hearing)
The charge is Dishonesty - in that on 3 December you intentionally and fraudently falsified a medical certificate. This can bea dismissable offecne, even first time around (after hearing)
Dave A (24-Oct-09)
You may be seeing them at the CCMA soon. We ignored an employee whom stayed away without alerting us , this happened more than once and they also did not perform and had few written warnigns in their name. We are now having to meet them at CCMA. Guess what claim they have : Unfair labour practise - reason for not coming to work regularly .
CCMA normally looks in the interest of the employee regardless of how wrong they have been. Be carefull and consult with experts before making any decision but a final written warning sound enough but fraud is normally a dismissable offence. But we can always ask to what degree and the aprty involved.
CCMA is a neutral body that weighs up evidence before it. If you are completely in line with all labour legislation, Follow a correct disciplinary and grievance process, keep to working standards and precedents, and have good reasons for dismissals, the CCMA will then consider the stronger evidence before it. Good practices in Employee Absenteeism has a lengthy process that not many businesses are aware of. I am up in Birchleigh having treatment for cancer. I will gladly come to your company and give you a few tips on how to handle situations similar to this in future. Please note I do not charge for advice.
According to Schedule 8 of The Labour Relations Act, Fraud can carry both a Final written Warning and/or Dismissal.
The charge is wrong. Make sure you have the correct info from the start. This can be construed as an incorrect procedure before you even have the hearing.
I had no idea this will bring so many people to this discussion and glad everyone got more or less the same idea behind this labour issue.
So I'm just bringing you an update on what have happen't
For safety we got an Chairperson in from an independent labour issue company in to do the hearing and verdict.
He had a disciplinary hearing with is employee and the employee admitted he was wrong
Chairperson came and and discuss the matter with us and we decided that he must go
We've paid his leave out and gave him a letter of service
His gone and haven't hear of him again
The CCMA is much more fair than employers think. Your matter is no big deal, the employee has made an incorrect referral - staying away from work(???) is not an unfair labour practice - employee should be referring as unfair dismissal. If he wnats to continue with an unfair labour practice then let him continue because that falls under The jurisdiction of Lbaour court. That should atke a year befor ethey listen to him and it costs more.Originally Posted by Suu
I presume this employee never returned to work - this is absconding. if this is so, you have never dimissed him - yet. So his unfair dimissal claim has no chance. You will need to hold a hearing and dismiss for the unreasonable absence.
Absconding is an interesting issue - there are divided opinions on how to handle this.
You might still hear from him, when he refers the matter. Unfortunately even when every step is followed the CCMA acts as the appeal process. But you will be good as you followed the procedures.I had no idea this will bring so many people to this discussion and glad everyone got more or less the same idea behind this labour issue.
So I'm just bringing you an update on what have happen't
For safety we got an Chairperson in from an independent labour issue company in to do the hearing and verdict.
He had a disciplinary hearing with is employee and the employee admitted he was wrong
Chairperson came and and discuss the matter with us and we decided that he must go
We've paid his leave out and gave him a letter of service
His gone and haven't hear of him again
I've found when you take the time to make sure the employee
- understands why they were dismissed
- have a sense that you have treated them fairly in the matter
they move on and it doesn't come back.
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He still has condonation. He can apply in 150 days time using a medical reason for his late application. He will be granted Arbitration in limine. Never rest on your laurels. Get to know the law, the loopholes and the facts. You need to be one step ahead of your employees. You should have them working for you not you for them.
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