THE FACTS

Xolani Fakude from Joburg said after testing positive for Covid-19, he asked his manager if there was any work-related compensation due to him.

The boss didn’t respond. Instead he checked Xolani’s movements with the company car.

He charged him with abusing company resources after he went to fill up petrol while off sick.

After his dismissal he challenged the matter at the CCMA but couldn’t attend. He was ill.

ADVICE

The Labour Relations Act requires that due process be followed and dismissal be procedurally and substantially fair.

Because the matter to challenge the dismissal had already been reported, Xolani may apply for condonation for the matter to be heard as long as he can show good cause why he couldn’t attend the hearing.