Ensure dismissals are procedurally fair

INDUSTRIES that have access to consumable goods can face a difficult problem, such as this case at a religious institution:

In Ditimane/NH Kerk Magaliesburg – 2018) 27 CCMA 8.37.1 also reported at [2018] 1 BALR 37 (CCMA):

When the employee returned to work after attending her sister’s funeral, she claimed that she was chased away by her supervisor.

She referred a dispute to the Commission for Conciliation, Mediation and Arbitration (CCMA) claiming she did not know the reason for her dismissal.

The employer denied dismissing the employee and claimed she had left work after stealing communion wine, never to return.

The Commissioner found that the employer had contradicted itself by claiming, in the first place that the employee had absconded after stealing communion wine and then that she had been accused of that offence. The employer had made no attempt to find out what had become of the employee. The Commissioner found that the employee had been dismissed.

As to the fairness of the dismissal, the Commissioner held that the employer had lost the opportunity of proving the suspicion that the employee had consumed the communion wine. The dismissal was, accordingly, unfair.

The employee was awarded compensation equivalent to a year’s wages.

When employees are absent for a few days without a medical certificate, it is advised to hold a disciplinary enquiry after sending them a notification to their last known address. After this, the enquiry can be held in their absence.

Jonathan Goldberg – CEO of Global Business Solutions. In his weekly column, labour lawyer Goldberg looks at various aspects of labour law. Readers can e-mail questions to news@dispatch.co.za. Use Workwise in subject heading.