CCMA - Constructive Dismissal

NatalNic

Active Member
Joined
Mar 21, 2019
Messages
56
Reaction score
33
Good Day,

Hoping anyone can provide feedback.

Has any one recently been through this?

This is a first for me being in business for 9 years.

The employee in question has never received warnings for poor performance and continuous gross insubordination and insolence but only 2 counselling sessions on how we can better the work environment and our systems. A letter of grievance was handed in on Saturday afternoon last week in which we responded on Monday midday that we had received the letter and will revert back asap as I was seeking further professional advice.

Employee then resigned on Wednesday without honouring notice period of 4 weeks thus putting work colleagues and the business completely out of place. Reason for resignation was due to the fact that nothing had been done about grievance letter and work environment was intolerable even though other work colleagues who are subjected to the exact same environment have not complained or issued grievance and have continued on with their duties as normal.

The said employee was offered time off from work on the Monday due to our concerns as employers. This was a WhatsApp msg that was received and read with no response. Employee attended work on the Monday and Tuesday without any complaints or showing any inclination of an intolerable work environment either.

The whole debacle occurred over a time period of a week from a grievance letter to a resignation to a CCMA referral letter being emailed through, Twice, as first copy was incorrect.

We are expecting our baby boy in a weeks time as well so the stress levels are currently red lining.

Any feedback will be greatly appreciated.

Cheers

NN
 
Do not be scared of the CCMA.

When myself as a business owner and employer had to go for the firs time, I was also schitting myself.

Remember that the main role and concern of the CCMA is mediation, NOT prosecution.

They will do their utmost to keep ANY case out of the Labour Courts.

In this case, it was obviously a kneejerk reaction from your employee and the CCMA mediator will most probably see it that way.

HE/she will listen to your side and then listen to the employee's side, and afterwards have a one-on-one chat with each of you.

He will also ask the employee the most important and most difficult question: "What is it that you want?", which inevitably leads to a lot of "humming and hahing" and unreasonable requests.

Just have a written statement ready that you can read out to the commissioner and try and stay calm.

Do NOT reaction, respond or answer any comments made by the employee. Let him be the emotional one and you be the calm one.

Also remember that you do not HAVE to accept the CCMA's findings if it goes against you, which will lead to further attempts to mediation and not immediate referral to Labour Court.

The above are my experiences only of course.
 
I have only ever had good experiences at the CCMA as an employer against labourers. Not sure what sector your staff member is in.
 
Good Day

Does any know how long a arbitration at CCMA takes?

Meaning does the commissioner have to sit there from 9am - 4pm or can he call it at any time?
 
Cham
Do not be scared of the CCMA.

When myself as a business owner and employer had to go for the firs time, I was also schitting myself.

Remember that the main role and concern of the CCMA is mediation, NOT prosecution.

They will do their utmost to keep ANY case out of the Labour Courts.

In this case, it was obviously a kneejerk reaction from your employee and the CCMA mediator will most probably see it that way.

HE/she will listen to your side and then listen to the employee's side, and afterwards have a one-on-one chat with each of you.

He will also ask the employee the most important and most difficult question: "What is it that you want?", which inevitably leads to a lot of "humming and hahing" and unreasonable requests.

Just have a written statement ready that you can read out to the commissioner and try and stay calm.

Do NOT reaction, respond or answer any comments made by the employee. Let him be the emotional one and you be the calm one.

Also remember that you do not HAVE to accept the CCMA's findings if it goes against you, which will lead to further attempts to mediation and not immediate referral to Labour Court.

The above are my experiences only of course.
Champion response. Especially about the emotional side. A time will get set aside

As a 2c, the above post was spot on, in relaying what it is that the person wants... ie the normal question is how do we resolve this going forward etc

From your story, this employee owes you time that was never given to you putting the rest of your people under stress for picking up the overflow of work. Thus if I was in your position, as employer you were not afforded the opportunity to find an applicable replacement, the employee is violating the contract signed for notice, thus you will not pay for the applicable time in question

DO NOT ASK FOR THE EMPLOYEE TO COME BACK

Good luck mate and congrats on the little one hope this comes right
 
Top
Sign up to the MyBroadband newsletter
X