SCORPION ADVISES ELTON TO APPROACH THE CCMA

THE FACTS

Elton works as a cashier at the local butchery. One morning his boss stormed in yelling that someone had stolen some of the store’s meat and the next day Elton was fired. His boss told him one of his colleagues told him Elton had stolen the meat. Elton told him he had never stolen a thing in his life but his boss didn’t want to hear anything and told him he better not come back to work. 

I went to SCORPION LEGAL PROTECTION for professional analysis and advice.

SOLUTION

Employers can’t just fire people even if they’ve done something wrong. The Labour Relations Act has a Code of Good Practice that all employers must follow. Employers must keep records for each worker stating what offences the worker has committed, what disciplinary action was taken, and why the action was taken.

The employer must give the worker warnings and a final warning for repeated misconduct which must be given in writing. The worker must also always have a fair hearing before being dismissed.

The worker must know in advance what the charges are, be given enough time to prepare for a hearing and must be present at the hearing and be allowed to state his or her case. The worker must be allowed to be represented by a co-worker and be allowed to see documents and cross-examine evidence used against him or her.

The employer should bring all witnesses against the worker to the hearing. The worker should be allowed to call witnesses and be given reasons for any decisions.

For minor mistakes, the employer must use informal advice. Workers should not be dismissed for a first offence, unless it is very serious, like gross insubordination or dishonesty. If the company has an internal appeal process, Elton should follow this process first.

Elton could have a case of unfair dismissal or unfair labour practice. He can lodge an application at the CCMA and if they find the dismissal to be unfair they could order Elton’s employer to either reinstate him in his job or pay him out compensation for the unfair dismissal.

In the case of an unfair dismissal dispute, the employee has 30 30 days from the date on which the dispute arose to open a case at the CCMA or 90 days in the case of unfair labour practice.