Posted by: Monica | 2009/06/29

Possible Unfair dismissal

Hi there - my sister was dismissed for misconduct according to her hearing. At the hearing the company also brought in poor performance which was not related to " misconduct" . The company is a well know company and it was the first time they have dismissed an employee on the grounds. We need urgently assistance as I believe she was unfairly dismissed. She did made mistake, but the company did not follow the correct procedures - as her poor performance without proper training possibility had an influence on the chairman' s outcome. Please refer us to a labour lawyer who would go all the way to understand her situation and who is hungry for fairness in the work place. Please
Thank you

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Our expert says:
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This sounds very unfair because if someone is brought to a disciplinary hearing for misconduct it is very wrong of them to bring in poor performance. This will mean that you can go to the CCMA and challenge it. Please remember that she must refer it to the CCMA on form 7.11 within 30 days. You can certainly approach an attorney to help you with this. It depends which town you are in, you can phone us if you are in the Cape.

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Our users say:
Posted by: Anonymous | 2009/06/30

Did her company bring in the unsatisfactory performance as aggravation AFTER finding her guilty of misconduct? More details are needed... also remember that you can' t take a legal advisor into an unfair dismissal ccma hearing.

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