THE FACTS
PHASWA Moloto from Rustenburg, North West was dismissed for misconduct at work.
He referred his dismissal to the CCMA. He said he was charged and dismissed after he had filed a complaint with the department of labour regarding his unpaid overtime.
The employer said he was charged for misconduct after he took an unauthorised route to a delivery, and also made an unauthorised stop at a supermarket. The employer said the supermarket was not one of their clients.
The supermarket was found to be selling the employer’s ice cream and no one knew how they got it, meaning Phaswa allegedly sold the ice cream to the supermarket.
The CCMA gave an arbitration award in favour of the employer and said the dismissal was fair. Phaswa is unhappy and said there was no proof that he sold the ice cream to the supermarket.
WHAT I DID
I spoke to Scorpion Legal Protection.
SOLUTION
The attorney at Scorpion advised Phaswa that he has six weeks from the date of the arbitration award to make an application for review at the Labour Court.
In his application, he must state why he feels the award should be reviewed.
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