THE FACTS
THEMBINKOSI Ngovene from Witbank, Mpumalanga worked for Beyond Engineering Services on contract. He claimed he was unfairly dismissed because he was off sick for a few days. He said he submitted a letter from the doctor and was paid for those days, but was later dismissed without a written warning. He claimed he was not given a copy of his contract when he started work.
WHAT I DID
I spoke to Scorpion Legal Protection.
SOLUTION
The matter is regulated by the Labour Relations Act. It states that dismissal must be procedurally fair. Thembinkosi was supposed to report the matter to the CCMA within 30 days. If he couldn’t do that, he should apply for condonation from the CCMA, explaining why he was late. The law states that you should let your manager know when you are sick, and can’t come to work.
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