Our expert says:
RE: DISMISSAL - NO BENEFITS
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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