Help with Constructive Dismissal

gcs001

Member
Joined
Jul 29, 2017
Messages
11
Good day all,
Hoping some of you clever peeps can give me some ideas.
My son worked for a small business from Dec 2016 till 19 Jul 2017.

On 18 Jul 2017 his boss called him aside and told him he believes he stole money from the till.
My son explained that as per the instruction the boss gave him and the rest of the staff earlier the year they were allowed to take their tips from the till if the customer paid by debit/credit card (and included a tip).
My son told him this is what he had done, i.e. taken his tips from the till.
His boss then said that it looked very suspicious that the amount of the tips looked very similar to the amount that they would charge a customer for a specific service.
My son said well that is what his tips had added up to.
The boss then said he would speak to him the next day about it further.

The next day came (19 Jul) and the boss told my son that he believes he stole and therefore he will fire him and report him to the police or allow him to resign.
My son chose to resign. However, it was a verbal resignation.

So, my take on this is that no formal disciplinary process was followed by the employer.
The employer gave my son an unfair ultimatum thus causing him to resign.

If my son does take this to the CCMA what should he note as the reason (unfair dismissal or constructive dismissal)?
Could the employer then still lay criminal charges against my son?

Any help will be appreciated.

TIA.
 

Eti1

Expert Member
Joined
Feb 26, 2016
Messages
1,857
Unfair dismissal in the form of constructive dismissal, yes.
 

SauRoNZA

Honorary Master
Joined
Jul 6, 2010
Messages
37,104
Retarded boss is retarded.

Should be issuing the tips at the end of the day himself, not letting employees help themselves and open them up to this kind of crap.
 

SauRoNZA

Honorary Master
Joined
Jul 6, 2010
Messages
37,104
If anything that being the situation it would probably be a great bit of evidence for the CCMA as it’s pretty much entrapment.

And you can’t exactly accuse someone of stealing when you gave them permission to help themselves.

Bad process is bad and reflects on the general business state of affairs which the CCMA will love.
 

tRoN

Executive Member
Joined
Mar 13, 2007
Messages
6,164
Sounds fishy. Why would boss allow taking from the till until the manager does a cash up at the end of the day.
Restaurants have a system whereby the waiters end of day cash up need to balance with what was rung up in the till.
 

gcs001

Member
Joined
Jul 29, 2017
Messages
11
Thanks for all the input so far.
Agree with the comments - the boss definitely does not have great financial control and processes in place.
The concern we have now is that if my son does now take him to the CCMA for unfair/constructive dismissal the boss may (probably will) retaliate and lay criminal charges.
Any words of wisdom how to deal with this if it comes to it?
 

xeslaro

Executive Member
Joined
Jun 29, 2009
Messages
5,347
First question - is the boss the owner of the business?
Second - was it CCTV footage?

Side note - proving constructive dismissal is not easy. What does your son want, his job back or compensation?

Could the employer then still lay criminal charges against my son?
The employer is entitled to lay criminal charges at any time he wishes [within prescription periods].
 

gcs001

Member
Joined
Jul 29, 2017
Messages
11
First question - is the boss the owner of the business?
Second - was it CCTV footage?

Side note - proving constructive dismissal is not easy. What does your son want, his job back or compensation?



The employer is entitled to lay criminal charges at any time he wishes [within prescription periods].

Yes, the boss is also the owner.
No CCTV footage, although I think this would be irrelevant as my son did acknowledge that he took money from the till in lieu of the tips he received from clients using their debit/credit cards in accordance with what the boss had advised them to do.

My son would want compensation (keep in mind the boss withheld all of his July salary).
 
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