We employ 4 locksmiths in our business. One fellow takes a lot of time off, brings the van back with 450km additional distance on the odometer which he cannot account for. He has had 3 accidents in the past year, the SAPS advise that all 3 were his fault by driving too close to the car in front or not stopping at a stop street. So I had a hearing and wrote him a warning letter. Next month he stays away for 3 days and does not present a doctor's certificate. So I wrote him another warning letter
He takes these letters to the CCMA and tells them we are victimising him. Without asking us for our reasons for giving him these warning letters, the CCMA issue a notification for us to appear in court to explain our action. After a few phone calls, we find that the "court" is actually in their office. So I go along. The complainant (employee) does not appear. The next day I am called by the CCMA. This employee states that I deliberately gave him so much work to do that he was unable to complete so he was unable to attend the hearing. So I am commanded to appear again. On the second hearing day he does not appear again and I am harangued at length by the CCMA officer. When he paused for breath, I tell him the reason the employee gave for not attending the first hearing was false, as he did not turn up for work at all that day, and ignored SMS and calls to return the van and when it was returned the following day, there was an unaccounted 1200km on the odometer. So how could he use the excuse of too much work seeing he did not come to work that day and actually did no work at all? No good says the CCMA man, I must prove he did not come to work. So I present the attendance register which shows that he attended work on 31 of the 45 working days of that year and never once produced a doctor's certificate. With that he says the hearing is concluded and will not express an opinion, but says I must act within the law
Last week the same employee only turned up on Friday (we have since taken the van away from him) and when asked for a doctor's note, said he did not have one. He then said that if I issued another warning letter he would make a case with the CCMA again. Despite this I issued him a warning letter and gave him a letter threatening dismissal
I now have to attend yet another hearing at the CCMA next Tuesday. He has told them that I am making his life intolerable and working conditions are unfair and he is being discriminated against. Btw he is a white male, 28 year old
He takes these letters to the CCMA and tells them we are victimising him. Without asking us for our reasons for giving him these warning letters, the CCMA issue a notification for us to appear in court to explain our action. After a few phone calls, we find that the "court" is actually in their office. So I go along. The complainant (employee) does not appear. The next day I am called by the CCMA. This employee states that I deliberately gave him so much work to do that he was unable to complete so he was unable to attend the hearing. So I am commanded to appear again. On the second hearing day he does not appear again and I am harangued at length by the CCMA officer. When he paused for breath, I tell him the reason the employee gave for not attending the first hearing was false, as he did not turn up for work at all that day, and ignored SMS and calls to return the van and when it was returned the following day, there was an unaccounted 1200km on the odometer. So how could he use the excuse of too much work seeing he did not come to work that day and actually did no work at all? No good says the CCMA man, I must prove he did not come to work. So I present the attendance register which shows that he attended work on 31 of the 45 working days of that year and never once produced a doctor's certificate. With that he says the hearing is concluded and will not express an opinion, but says I must act within the law
Last week the same employee only turned up on Friday (we have since taken the van away from him) and when asked for a doctor's note, said he did not have one. He then said that if I issued another warning letter he would make a case with the CCMA again. Despite this I issued him a warning letter and gave him a letter threatening dismissal
I now have to attend yet another hearing at the CCMA next Tuesday. He has told them that I am making his life intolerable and working conditions are unfair and he is being discriminated against. Btw he is a white male, 28 year old
