CCMA and disputing a warning

Crabby

Honorary Master
Joined
Jun 30, 2005
Messages
10,786
#1
Looking for some advice.

For the past 12 years, I have been going to our company year end function and getting rotten on the free booze available.

This past year, I was relatively 'well' behaved and didn't mix shots with beer and remained upright the whole event.

As per my norm every year, I have a chat with the company owner and have a few choice words I keep just for him as the list of unkept promises from the past 12 years grows.

This year, he (unfortunately for me) stayed sober the whole event and remembered it all.

I am now in the process of receiving a final written warning for my behaviour on the evening.

I have never received any warnings, verbal or written, so not sure how this constitutes my final one.

I have been drunk at every other year end function I've ever been to with this company. The reason I took it 'easier' this year was last year I was so pap I fell down the escalator and broke 3 of my ribs. I have never received so much as a talking to from management in the past and now all of a sudden this.

Anyone think this is something I can take to the CCMA for arbitration ?

Yes, I know I'm an immature **** and I am in the wrong and have been for the past 12 years, but the jump from nothing to final doesn't sit well with me.

Any advice ?
 

Lucas Buck

Expert Member
Joined
Jun 20, 2005
Messages
3,585
#2
Normally I'd be on the side of the employee. But the end of the year function isn't the time for you to get things off your chest. Issues should be handled on the right platform and should be dealt with during the year. If I were you I'd have made my apologies when I saw the letter arriving.

Edit: Contact the ccma. They have consultants that can help you with this. You may get away with this if they didn't follow the correct procedures when giving you the warning.
 
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xrapidx

Honorary Master
Joined
Feb 16, 2007
Messages
36,181
#3
Depending on the infraction - they are well within their rights to go straight to a final warning... and in this case, it looks warranted.
 

Ecco

Executive Member
Joined
Jun 4, 2007
Messages
7,477
#5
Hey mate, at least you not getting fired, that would be a reason to arbitrate.

I am no expert, but maybe pick this up with HR first and point out that you have not received any warnings prior, so why does this time constitute a final warning.

Also, take it for what its worth, you got off scott free for a long time, best to probably start behaving
 

Scooby_Doo

Executive Member
Joined
Sep 4, 2005
Messages
6,121
#7
Looking for some advice.

For the past 12 years, I have been going to our company year end function and getting rotten on the free booze available.

This past year, I was relatively 'well' behaved and didn't mix shots with beer and remained upright the whole event.

As per my norm every year, I have a chat with the company owner and have a few choice words I keep just for him as the list of unkept promises from the past 12 years grows.

This year, he (unfortunately for me) stayed sober the whole event and remembered it all.

I am now in the process of receiving a final written warning for my behaviour on the evening.

I have never received any warnings, verbal or written, so not sure how this constitutes my final one.

I have been drunk at every other year end function I've ever been to with this company. The reason I took it 'easier' this year was last year I was so pap I fell down the escalator and broke 3 of my ribs. I have never received so much as a talking to from management in the past and now all of a sudden this.

Anyone think this is something I can take to the CCMA for arbitration ?

Yes, I know I'm an immature **** and I am in the wrong and have been for the past 12 years, but the jump from nothing to final doesn't sit well with me.

Any advice ?
What does a "few choice words" mean?
 

eg2505

Honorary Master
Joined
Mar 12, 2008
Messages
14,543
#8
Eish, speak to HR, apologize and then think before you speak next time...

take it as school fees for next time.
 

ambroseg1

Executive Member
Joined
Jul 15, 2008
Messages
9,112
#9
So 12 years of bitching to this guy and this is the year he decides final written warning? At a party, of all places, where you were drunk on alcohol provided by the employer. You will win at CCMA.

What did you say though?
 

R13...

Honorary Master
Joined
Aug 4, 2008
Messages
28,455
#14
They can unfortunately go from zero to final written warning or even dismissal in some cases. But well worth seeking advice if you feel it isn't fair, but you can't lean on the fact that they've let other incidents slide.
 

3WA

Expert Member
Joined
Sep 25, 2012
Messages
4,845
#15
So 12 years of bitching to this guy and this is the year he decides final written warning? At a party, of all places, where you were drunk on alcohol provided by the employer. You will win at CCMA.

What did you say though?
Even "off premises" and not in direct line of duty?
Depends on the company's code of conduct. Some of them make you agree to certain standards in any public place.
 

xrapidx

Honorary Master
Joined
Feb 16, 2007
Messages
36,181
#16
So 12 years of bitching to this guy and this is the year he decides final written warning? At a party, of all places, where you were drunk on alcohol provided by the employer. You will win at CCMA.

What did you say though?
Doubt that - just because alcohol was provided doesn't mean he was forced to over indulge.

Even "off premises" and not in direct line of duty?
It was still a work event, besides which - if you decide to have a few choice words at management, I don't really think it matters where it happens - you'll get in ****.
 

xrapidx

Honorary Master
Joined
Feb 16, 2007
Messages
36,181
#18
I think if you try and take this to CCMA - you're going to have to cover what you said that night - hopefully you remember?

You'll also probably be digging your own grave.
 

I.am.Sam

rehabilitated troller
Joined
Jun 14, 2011
Messages
79,775
#19
I would start by asking @Datura for a new job :p

But yeah i think its the way you say things which could warrant a final warning ...bringing the company into disrepute could be one of those things
 

ambroseg1

Executive Member
Joined
Jul 15, 2008
Messages
9,112
#20
Many seem to be missing that he has not even had so much as a talking to for 12 years of this conduct. And now this. it was acceptable for 12 years. CCMA will be on his side here.
 
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