THE FACTS
MR Shopane was dismissed in January 2016 because he was charged with insolence and rude behaviour.
He said this was not true. He said he was targeted because he was an active member of a union called Inqubela Phambili Trade Union.
Mr Shopane was represented by this union at the CCMA in November 2016 but the employer didn’t attend the hearing.
Mr Shopane feels that his dismissal is unfair because he believes the employer wanted to get rid of him in order to silence the union.
THE LEGAL FACTS
Insolence is a specific category that falls under the general workplace issue of insubordination. It means speaking in a way that is disrespectful or insulting to your manager. As an employee, you are expected to show professionalism and respect to your supervisors.
Whether an employee has been insolent or insubordinate, dismissal must be reserved for situations where the conduct is both wilful and serious.
STEPS TAKEN BY SCORPION LEGAL PROTECTION
We called the union representative who told us they have applied for arbitration and are awaiting a date from the CCMA. Scorpion Legal Protection will be following up to make sure this happens as swiftly as possible.
COMSUMER TIP
First follow your company’s internal processes if you feel that you are being victimised for being member of a union. In the case of this reader, the union is recognised, so he should have told the union about his issue earlier to get their support.
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