Proposed law to increase CCMA efficiency

F

Fudzy

Guest
Not true.

One of our employees haven't showed up to work for an entire month! We tried to call him our legal department tried to reach him. We did everything possible to try and find him.

At the end of March 2012 we didn't pay him anything because he was absent the entire time. He then ran to the CCMA, he complained we fired him because he was absent from work. He also said his issue is not being fired, but the procedure that we followed.

The slacker won the case at the CCMA and we now have to pay him R3300.00

Thing is we never fired him, we tried to contact him and that was also not possible. And yet the stupid employee won the case. Our labour lawyers argued we tried to contact him to follow the correct procedure. At the moment they are busy trying to change schedule another hearing because the CCMA judgement was incorrect.
Eish, did you eventually find out why the person went AWOL?

http://www.labourguide.co.za/general/absenteesm-107
 

DigitalSoldier

Honorary Master
Joined
Jul 27, 2003
Messages
10,185
Eish, did you eventually find out why the person went AWOL?

http://www.labourguide.co.za/general/absenteesm-107
Nope.

I wasn't at the CCMA myself though. I only read through the judgement sent to us by the CCMA.

Thing is we are still busy trying to contact him. And he answers when he hear its somebody from the company he ends the call. I just read through the judgement again and the CCMA ruled the dismissal was fair as its a dismissable offense, but the incorrect procedure were followed.

Thing is we never dismissed him. He was appointed as a security guard to work shifts with another guard at our new location. One night the other security guard caught him sleeping and he took photos (we still have the photos though and camera footage).

Our labour department then called him to come to the office the next day. He didn't show up and never showed up again at work. Then we didn't pay him and he ran to the CCMA claiming he was dismissed.
 
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