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Post Info TOPIC: URGENT HELP AND ADVICE NEEDED!!!!!!!
Anonymous

Date:
URGENT HELP AND ADVICE NEEDED!!!!!!!
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Good Day... 

 

I am representing a colleague in a Disciplinary Hearing on Monday morning and would really like an educated opinion on the following matter, please: 

 

My colleague was e-mailed an "intention to suspend" document on Friday morning at 09:08. It requested that he submit the attached, completed document by 17H00 the same day. 

It had NO CHARGES, but asked that he provide reasons why he should not be suspended! 

It also stated that HR should cancel all his session until further notice.(We teach English Online) 

 

We work night shift (from 23:30 - 08:30) and he works till 07:30. He claimed that he was sleeping when the mail was sent and subsequently sent it as soon as he awoke, which was 17H20.

 

On the form he stated that he "Had No Idea What This Is About" and the HR Officer signed acknowledgement thereof. 

When he arrived at work the evening, he was asked to leave as he was suspended! 

He requested this in writing, but was furnished with a "Notice of Suspension" and "Notice of Disciplinary Hearing" the next day only.

The disciplinary hearing date is set for Monday. 

 

I would like to know if : 

a) The procedure they followed constitutes "Unfair Labour Practice" as they never afforded him the opportunity to respond to any allegations. 

b) He was not charged, yet suspended. 

c) He was asked to give reasons not to suspend without a charge? 

d) was not given fair time to respond to the notice of suspension? 

e) He was suspended without a formal notice? 

f) The e-mail instructed that his sessions be removed on the first e-mail(Is he not innocent until proven guilty?) 

g) That there was not sufficient time given for him to prepare a defense as the notice of the hearing was issued on 16 December (Public Holiday) and with the weekend just after that? 

h) Why he was suspended, as a security guard, who does not work for our company laid a complaint against him? 

i) Is the supposed misconduct" serious enough to warrant a suspension, let alone a hearing?

 j) Can the disciplinary he eliminated on the grounds of the procedural incompetence?  

 

I would really like some guidance, as I feel that he is being victimized here! Oh, and his alleged offence is; He "supposedly" swore at the security guard!!! (My colleague also has a witness that walked with him at the time, who states that that was not the case!.) 

 

Your advice would be greatly appreciated! Thank you in advance...



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Anonymous

Date:
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This may be referred to the CCMA as an unfair labour practice. You need to do so within 90 days of the suspension.



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