employment and labour law south africa

Employment and Labour Law

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Dismissal

An employer cannot just dismiss you without a fair and impartial disciplinary hearing.

Last week; we received the following email inquiry.

“I was recently fired as a manager of a retail clothing company. The company held me responsible for a certain stock theft that happened under my watch, claiming that I was negligent in my duties. I was asked to leave without any prior verbal warnings, written warnings or even a disciplinary hearing.  Surely, I should at least have been given a fair opportunity to give the company my side of the story and to and show them that I was not negligent in any way in the execution of my duties and that I was in fact innocent. Please advise.”

You are absolutely correct.

We get asked both telephonically and by e-mail a number of questions on Labour Law which come up time and time again and so we thought we would just answer certain of these questions in this short blog so that the answers are there for all to see.

In the matter of Mashinini v Barrel & Beef restaurant, CCMA Arbitration FS1420 the question of whether a dismissal was fair or not was the issue in the Arbitration Hearing.

We had an interesting scenario and query raised with us last week.

It was an inquiry from an employer whose employee had helped himself to money that was due to him.

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