Good day.
My question is as follows
If your employer claims to have given you an instruction, but had never in fact done so and you defend the fact you never received said instruction, is it with in your employers rites to give you a final written warning for (1)insolence and (2) include previous undocumented transgressions of the same nature, one in peticular being a year old head butting when on maternity leave at home with a new born and suffering from mild depression?
Thanks in advance
An old established statutory law fact state: "those who alleged must proof" that been said, "proof" can take may forms, but ultimately the employer can not play judge jury and executioner, you may challenge the warning, previous transgressions (if any) such as I understand the content of your message, can be seen as trump up charges and vindictive action bearing no substance, your ultimate, should you choose, is to "kill the germ not only treat the symptom" thus grievance procedure against however issued the warning affording that the audi aleteram partem principle (give hearing to the other side). Is fully achieved. Hope this help. Regards W.rautenbach - Rautenbach & Associates