Posted by: Dee | 2009-08-05

Dismissal-no benefits

Good Day,

On my brother' s behalf

He worked for a retail company, woking on the floor(sales rep). what happaned was his boss was always picking on him, somtimes his wrong somtimes not. So the boss decided to move him to the storeroom. He reused to go due to medical reasons.

He was suspended with immediate effect because he didn' t want to, then the Area manager was told about, then he was called for a hearing, they found him guilty and was fired, they read him the cotract he had to sign which they excluded the part were it says FIRED WITH NO BENEFIT. We only noticed that when he was paid, he was only paid unti the day he was suspended.

My concerns are:
1.No verbal and written warnings given
2.No choice given regarding the transfer
3.Area manager didn' t talk to him to hear his side of the story
4.Can someone forfeit their pensionfund even if he was fired ?

NB: His taking them to CCMA, he worked for 1year 8months.

What' s your take on this ?

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Our expert says:
Expert ImageLabour lawyer


It does appear that the dismissal in these circumstances were probably fair. You can get dismissed if you refuse a lawful instruction. This dismissal was probably given without notice and therefore there would no such thing as notice pay or severance pay.

Your brother is entitled to his payment whilst he was on suspension. It is suggested that you report this to the Department of Labour and then an Inspector can obtain that for you at no cost.

Instructions of this nature can result in dismissal without verbal and written warnings.

The CCMA will obviously investigate the full nature of all the allegations including the defence from the company. There might still be chance at the CCMA if they belive the dismissal was too harsh in the circumstances and that your brother maybe should have been given a written warning instead. It is suggested that you continue pursuing the matter.

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Our users say:
Posted by: Boetie | 2009-08-21

They have grossly overstepped the mark here. You must be given a fair hearing in which you can state your case. Nobody' s pension contributions + leave owing to them can be taken away, that is illegal. He must get a doctors report saying that his health is such that he can' t work in the new dept. DON' T let them get away with this. They must be stopped dead in their tracks or they' ll do this to the next person too. He must also report the matter to the nearest office of the dept. of labour. They don' t play around with employers who treat people like this. He must stand up + demand his rights, he' s entitled to them.

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