Posted by: Jenny (aka Nadine) | 2007/06/12

CS - me being fired - your opinion

Hello CS. Just a quick summary of what happened. I smoked and had a beer. The boss found out ONLY about the smoking. I never told her about the beer. She issued me with a final written letter of warning. I behaved myself and didn't set a foot wrong. 3 weeks later I was off work. My boss scratches through my emails while Im on sick leave and finds an email wherein I said to my friend that I had a beer as well as a smoke. I get back from work and she says I am fired and I will have a disciplinary hearing. Her brother-in-law (who owns the company with the sister) heads the displinary hearing and needless to say I was fired. I did get 2 months full pay from them. They paid me in April and May but my argument is that since the Letter of Warning, I did NOT misbehave - she only found out about the beer 3 weeks later but I still had not misbehaves SINCE the letter of warning. Maybe I should take the matter further CS. And they also know that I am bipolar - not that that means anything but surely bipolar people are erratic - to a point. What's your opinion.

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Our expert says:
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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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Our users say:
Posted by: Shae | 2007/06/13

The company is absolutely within their rights in firing someone for drinking on their premises. You should not concern yourself with your ex-boss's qualifications, rather take a good long look in the mirir and concentrate in improving yourself. Drinking at work is very wrong. As for procedures that need to be followed, drinking warrants summary dismissal (on the spot) - they do not have to go through a long winded process to fire you.

I have defended companies at the CCMA for this before and let me tell you, people think they can run to the CCMA for every little thing but you did drinnk at work - accept responsibility for your actions.

Reply to Shae
Posted by: Jenny (aka Nadine) | 2007/06/13

I don't really want to work for these people as my boss in particular wasn't very professional but I do feel like I need to prove a point to her - maybe to show her that she's so not respected by me and other staff (no papers behind her name says it all). Hmm, I think I will discuss the matter with the CCMA though - just for interest.

Reply to Jenny (aka Nadine)
Posted by: Tsk | 2007/06/13

Where I used to work smoking was never an issue. If you were caught coming drunk to work they would give u 3 written warnings. You could then take the matter further and the company could assist you in rehabilitation. This was a mine where I worked to even if you had a low level job like a cleaner etc you were entitled to rehabilitation and still could keep your job. Firing a person is not easy and is subject to strict procedures. You should see the ccma but do you really want to work for these people?

Reply to Tsk
Posted by: .... | 2007/06/12

How can they give you a FINAL WRITTEN WARNING for smoking??????? Who the hell do they think they are? YOUR F ING MOTHER????? I would just be glad to be out of there, with pay.... And these family members ganging up and dong dissiplinary hearings - nepatism maybe??? souldn't they get someone impartial to do it???

Unless ofcoarse, you were smoking weed???????

Reply to ....
Posted by: Dove | 2007/06/12

Please don't blame the bi polar on your bad behavior, I don't someone with bi polar that has only done well for her self studied and worked and now has a degree. If you were drinking at work they have the right to fire you. You have no one to blame but yourself.

Reply to Dove
Posted by: ? | 2007/06/12

Where did you have this beer? In work time?

Reply to ?

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