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Post Info TOPIC: FINAL WRITTEN WARNING WITHOUT PREVIOUS WARNINGS
Anonymous

Date:
FINAL WRITTEN WARNING WITHOUT PREVIOUS WARNINGS
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I just had a disciplinary inquiry this morning.

 

The charges were as follows: 

Absent without permission for 2 days.

Failure to notify the company direct supervisor .

Committing an act which seriously impairs the relationship between the company and its employee. 

 

There were only 3 people present @ the hearing, the general manager, a sales executive and myself, i requested a witness but she couldn't be present because they said she had work to do. 

 

I did accept the allegations as i did stay away from work, due to being in an area without roaming i notified my colleague after missing one day of work that i would not be able to come to work the 2nd day due to circumstances that was out of my control and told her to notify my supervisor. The issue for the company was that i didn't notify my supervisor directly.

 

I accept full Responsibility for my actions, and admitted that i didn't follow the right procedures, but my problem now is that i was issued with a final written warning without ever having any other warnings issued against me.

 

Is it allowed? Could I Appeal? What actions can I take? Please provide me with more information regarding this?



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Anonymous

Date:
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The purpose of a disciplinary hearing is to enquire into the alleged misconduct of an employee,

The disciplinary process should be dealt with in accordance with a fair and just procedure.

Firstly we need to look at the procedure:

Did you receive a notice of disciplinary hearing and if so were your rights as employee explained to you in a manner that you could reasonably understand it;

The alleged misconduct charges, as brought against you, are simple and straight forward, however, did you have reasonable knowledge of this procedure and could it reasonably be expected of you to have known the procedure to follow in these circumstances.

The second aspect that you need to focus on is the “charges itself” lets break this down shall we:

Charge number 01: Absent without permission for 2 days, (the “core” charge which the other charges evolved from)

This will be stipulated in your contract and/or the company’s disciplinary procedure, normally a penalty for this offence is also specified (for example: 1st offence final written warning, 2nd offence Dismissal)

Once this is established we look at your actions or the “misconduct” together with the circumstances surrounding your actions:

Because of your guilty plea, it is established that you did have knowledge that your actions at the time constituted a disciplinary offence in your employment company:

The second aspect to look at is to establish what your actions was at the time that you became aware of the misconduct and your circumstances that could have influenced your decision to take a certain route or acted in the manner you did.

From what I could gather out of the information that you supplied, suggest that you were out of the boundaries of South Africa thus you required roaming.

The second fact that will definitely play role will be to establish whether this trip was indeed business related or pleasure;

Either way what precautions did you take to ensure that you will not be absent from work? (for example: did you plan your traveling in and out of the country taking in consideration that you need to be at work in a given period of time.

If so, what went wrong (for example the flight was delayed or the vehicle broke down and so on)

The most crucial part herein will be to establish what your actions was once you became aware of the fact that you will not be able to attend  work and at what stage did you act after this knowledge came to you. (for example: hypothetically, your trip was planned for 5 (five) days, the vehicle broke down on day 1, you had knowledge that the vehicle repairs will take 6 (six days) you knew that you needed to follow the correct procedure by informing your manager/supervisor of your current situation but you did not do that and on day 5 (five) you informed a co-worker)

In this scenario it will not strengthen your case since you did not attempt to contact you manager or supervisor.

The mere fact that you did not have roaming does not lift the responsibility from your shoulders to follow the correct procedure.

What further action did you attempt to follow before informing your co-worker as last result?

If you have sufficient proof that you had no other option, after depleting all available remedies to you, to break company procedure in the attempt to inform the company of your absence, I see no reason why you should be found guilty at all even though you admitted guilt.

The above argument may be confusing but from your correspondence I made the assumption that yes you pleaded guilty or accepted the allegations because of your knowledge of the company procedure not because you are guilty of an offence that you willfully intended to undermine or by your own negligence undermined such procedure.

To answer your second part of your correspondence:

Yes you can appeal against a disciplinary hearing or refer the matter to a dispute resolution agent within a certain time frame, HOWEVER, you must setout the grounds for an appeal meaning the reasons why you appeal against your previous disciplinary enquiry.

The mere fact that you are not happy with the sanction restored upon you does not always warrant good merits for appeal.

The Labour Relations Act no:66 of 1995 clearly stipulate that the courts have endorsed the principal of progressive corrective measurers for misconduct and that disciplinary action should be utilized as a last resort for employers, however that does not mean that the employer may not, in its discretion, conduct a disciplinary hearing for alleged misconduct by their employees.

That been said, yes the employer may impose the sanction of a final written warning if the company feels that it is the correct sanction for the conduct of the employee, however this sanction should be constantly applied in cases like yours.

The most crucial question in an appeal hearing will be WHY DID YOU NOT MAKE NOTION OF THE FACTS PRESENTED IN THE APPEAL HEARING AT THE DICIPLINARY HEARING.

You should be ready for this question and present facts or evidence that was not to your knowledge at the time of the disciplinary hearing or could reasonably be expected of you to have known this information or present this information at the disciplinary hearing.

Always remember that you are entitled to a fair and just procedure, what raised my concern here is the fact that your witness was dismissed without a proper reason given, the fact that she had to much work to do does not warrant an excuse for the company to summary refuse your witness.

That been said what was your intention with the witness and what value did the testimony of the witness have on your case? By establishing this fact might be a reason to appeal.

Furthermore the chairman at your disciplinary hearing should have presented you with a written report or finding in your disciplinary hearing, if not, you are entitle to ask for a copy, by analyzing the facts presented by the chairman will give you a good indication whether you should appeal or not.

In closing, let’s summarize what I have said:

It is your right to be subjected to a fair and just procedure;

It is the employer’s obligation to inform you of your rights before and during the disciplinary procedure;

You are entitled to exercise any of rights during and/or before the disciplinary hearing commence;

You have the right to representation at a disciplinary hearing, usually by means of a union representative or fellow employee, however, the courts have ruled that an employer may not summarily refuse legal representation or a labour practitioner at a disciplinary hearing, this fact needs to be decided by the chairman.

You have the right to reasonably state your case;

You have the right to adequately prepare your case and to be allowed adequate time to do so;

You have the right to call witnesses and to cross examine witnesses;

You have the right to be informed of the outcome of the disciplinary hearing and the right to a written copy thereof.

You have the right to appeal or to refer the matter to a dispute resolution agent within 30 days.

Always remember not to haste take your time and make a informed decision based on facts and facts alone do not let emotions dictate your responses.

 

 



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Anonymous

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Can a final written warning change into dismissal?

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Anonymous

Date:
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Good day 

I was on leave for some days. The day I was supposed to return to work I didn't. It's only one day I missed and didn't notify my employer that I wont come to work. The company policy states that being absent from work 1 day its a verbal warning. 2days written warning, 3 days second written, 4 days final warning and 5 days its dismissal. It was my first offence but they decided to give me 3 final warnings, one for being absent without permission, gross negligent, and failure to notify the employer. Is it fair for the employer to give final warning on the first offender even though the policy states differently. I was not allowed to speak and when I wanted to raise a point or rectify the employer i was told I am not special and I wont be allowed to speak.



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Anonymous

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Hi my till at work was short so I got a final warning

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Anonymous

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Hi i am charged with neglicene over theft by someone else. I am the banking clerk,debtors clerk and also help with the creditors function,which the company dont pay me for due to staff shortage. I am doing it for about six months now. It is a senior position while i am a junior. Now someone stole R15 000 which i was suppossed to tell my manager. But because of all my responsiblities, I forgot untill the customer quiry it. A receipt eas made out but no money was dropped in the cashvault machin It is now almost three months later and i got charged for neglicence,for not reporting it earlier. There i need to sign a final warning, which i think is unfair. Please advise.

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Anonymous

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I was late for pick up Client at head of to the Airport.I signed final written warning,they told me client was important, my line manager,and his sister she executive officer at Hr so I want to is any appeal that can do it. Because I feel is unfairly.

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Anonymous

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I was late for pick up Client at head of to the Airport.I signed final written warning,they told me client was important, my line manager,and his sister she executive officer at Hr so I want to is any appeal that can do it. Because I feel is unfairly.

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Anonymous

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I was playing a game on my laptop but during my lunch time and i was called fir disciplinary hearing for that and that i am misuse company property . So now they gave me final writen warning is it fair ?

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tono

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Good Day last friday i recieved a final written warning for poor perfomance , and a meeting was called in that friday morning. Okay firstly they said i ddnt perfom for 3 months and yet our monthly stats show otherwise . we have a monthly programe so in july i scoop number one on the incentive program how does that make me recieve the warning????? I mistakenly sent incorect numbers workd on and when they pulled the stats it was more than what was actualy worked on . its a mistake and everyone makes mistake bt well that resulted to a final written warning please advise as im not letting this go . you can email me the responce at nonhlanhla.sekhethela@interfile.co.za or nonhlanhlas12@gmail.com. if you know a good representative please help admin . I feel this is not work related its personal. Im good at what i do and my stats can confirm .please help

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tono

Date:
Permalink   
 

Good Day last friday i recieved a final written warning for poor perfomance , and a meeting was called in that friday morning. Okay firstly they said i ddnt perfom for 3 months and yet our monthly stats show otherwise . we have a monthly programe so in july i scoop number one on the incentive program how does that make me recieve the warning????? I mistakenly sent incorect numbers workd on and when they pulled the stats it was more than what was actualy worked on . its a mistake and everyone makes mistake bt well that resulted to a final written warning please advise as im not letting this go . you can email me the responce at nonhlanhla.sekhethela@interfile.co.za or nonhlanhlas12@gmail.com. if you know a good representative please help admin . I feel this is not work related its personal. Im good at what i do and my stats can confirm .please help

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Anonymous

Date:
Permalink   
 

Good Day last friday i recieved a final written warning for poor perfomance , and a meeting was called in that friday morning. Okay firstly they said i ddnt perfom for 3 months and yet our monthly stats show otherwise . we have a monthly programe so in july i scoop number one on the incentive program how does that make me recieve the warning????? I mistakenly sent incorect numbers workd on and when they pulled the stats it was more than what was actualy worked on . its a mistake and everyone makes mistake bt well that resulted to a final written warning please advise as im not letting this go . you can email me the responce at nonhlanhla.sekhethela@interfile.co.za or nonhlanhlas12@gmail.com. if you know a good representative please help admin . I feel this is not work related its personal. Im good at what i do and my stats can confirm .please help

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Anonymous

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Hi I was given a final written warning for staying out of for 4 days,and have good reason to why I stayed away,I had no witness with me in hearing but before we had the hearing I was told to go home and come back within two days,with no pay

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Anonymous

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I get a final warning of going outside of the company premises to buy something like some veg .ls it fair gus during my work hours.by it's my first time for me to get a warning ?

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Anonymous

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I get a final warning of going outside of the company premises to buy something like some veg .ls it fair guys during my work hours.by it's my first time for me to get a warning ?

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Anonymous

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I was given a final written warning for hanging up the call on client. The client called in an complain about it. I don't know what happened with that call because it happened the very same week they updated the system. With the new system u can loose a call at anytime bcz the system can restart while you are busy talking to the client. I was given a verbal warning for the offence and a week later I was called to hr to sign a final written warning for the same offence that I already have a verbal warning for. I think it is unfair because it can happen anytime again since the system always updates. Please help

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Anonymous

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I was issued with final written warning for failing to confirm verbally a transacting request with a client which resulted in a loss because the transaction happened to a fraud from the client's hacked email. The company ' policy to the employees require that faxand emails request beverbally verified, however it does not further direct that should the verbal verification not done the transaction or request should not be carried out by the employees. The signed fax and email signed by the client sipulate that the company will adhere to thecluent'requests and intruction upon receipt of the writteninstruction be it a fax or email signed by the client. Now, to come back to my story: an email came in requesting the transfer if funds, I called and confirmed verbally with the client who was out of the country at the time andsaud tbemoney were urgently required to purchased a property, later the same day the client cents request to cancelled the first transfer and routed the money to another account in hidps name again. The attempt to verify the second request failed as bnhid phone was not reachable. I send an email requesting the client to call back and he did not in still he send emails to confirmed if the transfer was done the second request, due to the fact that I spoke to the client earlue and signature in both requests are his, I authorised the transfer, we realised the loss when we receive two different emails enquiring both enquiring if the 1st & 2nf transfer were done, I am disputing the final written warning. Because I diid follow the company' rule and the communication system failed me and further that no communication to the clients that should their requests not be verbally verified,they will not be carried out, and the client need the funds while out of the. Country

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Anonymous

Date:
Permalink   
 

I was issued with final written warning for failing to confirm verbally a transacting request with a client which resulted in a loss because the transaction happened to a fraud from the client's hacked email. The company ' policy to the employees require that faxand emails request beverbally verified, however it does not further direct that should the verbal verification not done the transaction or request should not be carried out by the employees. The signed fax and email signed by the client sipulate that the company will adhere to thecluent'requests and intruction upon receipt of the writteninstruction be it a fax or email signed by the client. Now, to come back to my story: an email came in requesting the transfer if funds, I called and confirmed verbally with the client who was out of the country at the time andsaud tbemoney were urgently required to purchased a property, later the same day the client cents request to cancelled the first transfer and routed the money to another account in hidps name again. The attempt to verify the second request failed as bnhid phone was not reachable. I send an email requesting the client to call back and he did not in still he send emails to confirmed if the transfer was done the second request, due to the fact that I spoke to the client earlue and signature in both requests are his, I authorised the transfer, we realised the loss when we receive two different emails enquiring both enquiring if the 1st & 2nf transfer were done, I am disputing the final written warning. Because I diid follow the company' rule and the communication system failed me and further that no communication to the clients that should their requests not be verbally verified,they will not be carried out, and the client need the funds while out of the. Country

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Anonymous

Date:
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hi I got 3 final written warnings for different offences and to my surprise they all lasted for about 12 months... and the last one I had ended up on dismissal... due to what I know about issuing warnings is that they last for about 3 to 6 months.... so my question is does that mean my employer wanted to get rid of me and what actions can I take because I feel like its an unfair dismissal... during those offended I was with other colleagues and they never got warnings except me and they still working and I got dismissed

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Anonymous

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On Monday the 27th of June, I did not go to work as it was a religious holiday. I tried calling my Director at 08:16, his phone was on voicemail, I then sent him an sms advising him that Eid had fell on a Monday and that the moon was sighted on Sunday night, we assumed that Did would fall on the weekend hence I did not fill in a leave form. Message was sent at 08:17. I had also advised 2 work colleges that I won't be in the office and they advised me to report to Director and that's what I had done. I came to work on Tuesday and was issued a final written warning without any previous warnings, I did not sign it and attached my proof of call and sms. TODAY my Director approached me and told me that I have to sign the final written warning, if I refuse he will charge me with insubordination and conduct an enquiry. I did as he told me, but now I am bound because I signed the warning. Please assist.

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Anonymous

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The following must first be determined:

1. Do you have a disciplinary code (DC)? if so, what is the sanction for the first offence?

2. Was the final written warning you signed in line with the DC?

 

If you do not have a DC, or the warning issued to you is not in line with the DC in place then you must challenge the decision. Because you did everything a "reasonable" could have done in the instance of you absence, you were not supposed to be issued with a warning. moreover, your Director acted unfairly when he threatened you with insubordination for refusing to sign a warning you do not understand. You can either take it up with HR to appeal the sanction, or approach the CCMA for unfair labour practices.



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