Our expert says:
YOu'd need to get a proper opinion from a labour lawyer / CCMA / Dept of Labour. Certainly it is NOT proper procedure to isue a final warning ( presumably there have been two previous warnings in writing ? ) fir something as trivial as smoking when nobody else was around, and its surely improper to move on to dismissal not on the basis of any fresh alleged misconduct, but on the basis of having snooped and found out something more about the incident already dealt with.
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