SCORPION ADVISES LWAZI HAS SIX WEEKS TO REVIEW IT

THE FACTS 

Lwazi Qwane from Alexandra, Joburg, worked for Investigation Practice International, as a stock file audit clerk. He said he had a family emergency that he needed to attend to and as a result he could not go to work.

The following day when he was on his way to work there was public transport strike in Alexandra. When he got to work on the third day he was suspended for five days in spite of his efforts to explain to his manager what actually happened.

He was called to a disciplinary hearing but during the hearing an argument started between him and his line manager and he was dismissed.

He reported his case to the CCMA but on the date of his hearing the employer did not arrive and the hearing was postponed. The employer came to the second hearing but the commissioner did not make a decision.

He was advised to come after 13 days for the outcome. That’s when he was told the decision had gone against him. He wanted to know what his legal options were.

WHAT I DID 

I spoke to a labour attorney at SCORPION LEGAL PROTECTION Services to discuss what Lwazi could do. 

SOLUTION 

After going through Lwazi’s matter the attorney advised that Lwazi was unfairly dismissed as he did not commit any misconduct that needed him to be suspended.

However, employers have a right to call employees to a hearing when they believe the employee has done something wrong. The argument at the meeting should have been managed by the person in charge of the hearing and should have been treated as a new charge for another hearing.

Being dismissed for missing two days is not a fair reason to be dismissed. As the commissioner at the CCMA found against him, his only option is to approach the labour court and review the arbitration award made by the commissioner in terms of the Labour Relations Act.

He has to set out the reasons that he believes that the commissioner’s conduct was irregular. He has six weeks from the date of the award to review the decision of the commissioner.