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Question
Posted by: Nina | 2010/12/19

Contact of ex-employee

tHE Hr Manager requested me not to discuss work related information with an ex-employee of which I obliged. We continued contacting each other but never discussed any work related info with her.
I was charged with gross misconduct for refusal to obey an intruction from a superior. At the hearing I mentioned that the instruction was a partial instruction(in that I must not discuss work related issues) and not in totality. The company did not manage to prove it that I dscussed work related information with the ex-colleague except for the number of telephone calls that I made to her using the company phone. On top of that I was not the only one making calls to the ex-employee.
I was dismissed for this. Is this a fair dismissal?

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Our expert says:
Expert ImageLabour lawyer

re: Contact of ex employee

It doesn't sound like your dismissal is fair. I would suggest that you refer this to the CCMA within 30 days of the dismissal.

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Our users say:
Posted by: Bozo | 2011/01/12

The company must produce evidense that you discussed work related issues with her.

Go to the CCMA and you can even ask your friend to be evedence for you at your hearing.

My wife just won her case at the CCMA cause of a lack of evidense from her company.

Reply to Bozo
Posted by: labour lawyer | 2010/12/21

re: Contact of ex employee

It doesn't sound like your dismissal is fair. I would suggest that you refer this to the CCMA within 30 days of the dismissal.

Reply to labour lawyer
Posted by: Nina | 2010/12/20

Thanks.

Actually this person resigned and served her notice. I organised a farewell party for her as part of my duties and management attended and the HR Manager went on to give a speech. On top of that he posted a farewell message on the intranet, thanking the ex-employee for her services.
But at the hearing he was dishonest saying that they forced her to resign because they were suspecting something. If this was forced resignation, then why would management attend the farewell party and post a farewell message on the intranet.
ad mislead me to think that the resignation was ammicable.
As part of my defense, I mentioned it to the Chairman of th hearing that the company had misled me to think that the resignation was amicable.

If you want, I can give you a call to explain to you.

Reply to Nina
Posted by: Jacques | 2010/12/20

Sounds as if there is a lot of information missing here. Why was the HR-manager so addament that no contact was to be made? Why was this person dismissed? Where is she working now, for competition? Could you possibly pass along priveledged info? All of these and more quetions will need to be awnsered.

If this person left on their own and had an amicable split with the company and their is no danger of passing along priveledged info then no it is unfair.

But if she was fired for something serious and there is a danger that you can be passing along priveledged info then yes the dissmissal is fair.

I see this stuff everyday where people from friendships at work at it ends up interfering with their work. Keep your personal life private and DONT mix business with pleasure.

*In other words be friendly and cordial to the people at work BUT dont be friends with them.

Reply to Jacques

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