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Post Info TOPIC: Unfair arbitration award case MIPT22941
Solani Sunnyboy Mashimbye

Unfair arbitration award case MIPT22941

Though the award is on my favour it benefits the employer than myself as the applicant.I was unfairly dismissed on 06 June 2017. When we started on 25 July 2016 the employer refused for settlement and insisted on arbitration.the commissioner pointed out that he would have find me guilty if it was not the question of the employers inconsistency when applying the rules. Let me point out why I think the commissioner did not applied his mind equitable when awarding compensation,I opted for compensation because the employer was so desperate and even tried to involve the police but there was no propect for me to be prosecuted.I was dismissed because of a vehicle which I delivered to the client who paid by a fraudulent cheque which the employer failed to detect because they don't have an effective verification systems and processes. How can I go through 3 people who all did not do their jobs competently and as a result misled me in believing that I was doing the right thing. The first person to consult was a white lady who's the admin clerk,when a sales consultant as I was recieve a deposit slip from a client you go to this lady to check if the payment is genuine or not and in this case she erred by telling me that the check was deposited and the money is in the company's account and it's through.she followed up by sending me an email with a snapshot showing the amount of R286 745. 00 but on the email it was that attachment with no text.I forwarded the email to the F&I consultant (finance and insurence).I went to my sales manager who's also a white guy with the deposit slip and told him that the client has paid,he was aware of the deal as I involved him the previous day when the client first came,and he was on my neck before the client comes and said I must keep on calling him to close the deal.he congratuled me and said carry on,when I started with the preparations I was convinced everything is perfect in terms of payment,as the sales manager he was supposed to have double checked and confirms the payments but he chooses to be complacent and ignored double checking and it can't be blamed on me.he participated and supported the preparation process,signed full tank fuel order which was dated 25 May 2016 and reason being "delivery",gift for client order also he signed,roadworthy test order and help arrange for temporary permit.he went on to print the "Offer to purchase" which I don't have access to print.I have asked him for the deal file before which he gave me,on the deal file I have put clients ID copy,proof of residence,the snipshot and the deposit slip.the snipshot and deposit slip was to make him aware and use them to double check the payment status which he choose to ignore and print the "Offer to purchase without confirming or double check,his second gross negligence as the first one was when I told him the client has paid he was supposed to double check,and at that point if he was not negligent we would not have wasted time and prepare a deal paid by fraudulent check.after printing the Offer to purchase he asked me to take the file to the F&I consultant also a white guy,without double checking the payment status he printed the invoice and put it on the file and asked me to take it back to the sales manager(he was supposed to facilitate the signing of the file not the sales consultant) and he asked me to sign the file with the client and after signing I took it back to him,he realise that I made a mistake and let the client to sign where he was supposed to be his signature.he gave me a blink file to complete and sign he also signed and while he was signing I asked him to give me the key holder and the aerial which he did and in front of me he congratulated the client and asked him to drive safely.I then inspected the vehicle with the client and handed him the keys and spare key and off he drives. The following day 26 May 2017 the financial manager picked up that it was a check deposit and the vehicle has already been investigation ever took place to identify those who were wrong,the sales manager said he was not aware it was a cheque as I have written "Cash Deal" on the file so he was misled by me he didn't know otherwise he would have declined the deal but this in itself means he allowed the delivery which the client paid by fraudulent cheque and Natasha said she told me it's a cheque that should wait for 14 days to myself as black was sacrificed.I was suspended and subsequently unfairly dismissed. During my suspension the sales manager tempered with the file,he destroyed the cover file he signed and the F&I destroyed the invoice to try and distance themselves. Why I say the commissioner favoured the employer and not me even if he said it's on my favour. I subpoened the sales manager but did not come, the employer said he no longer work the arbitration the chairperson of the hearing said both the sales manager and the admin clerk were issued with warnings but when I subpoen the said warnings they were nowhere to be found.I subpoenaed the invoice that was destroyed(they can print a copy) but also not presented,I asked for the policy and procedure that I did not follow,the company does not have one.the minutes of the internal hearing was incomplete where the admin clerk testified and confessed that she realise the following day that she made a mistake when she said the cheque was deposited and the money is in,so the chairperson realise that I will refer to that part and win the case outright,he then decided to refuse handing the said minutes and said he misplaced them.the dealer principal said when I then delivered the vehicle the sales manager was not at the dealership and I took advantage of that and delivered the vehicle.they said the file was not signed when infact they destroyed the signed one and put back the one with a mistake to cover themselves.if the invoice was destroyed how could they not have done the same with the signed file.that a cheque should wait for 14 days when one can check with the bank and know immediately that it's a fraudulent cheque and get the calprit apprehended immediately.a company with no rules will always shift the goal post when it suits them,we have been delivering the way I have done but when something wrong happened the rules changes to cover their back.There must be a rule and a rule must be known.but in this case the commissioner believes a version that is supported by rules from the employers head but not in black and white. What I have mentioned above is evidence enough to prove a disorganized employer who does not care and put its employees at risks and have separate rules for whites and separate rules for employer with no rules must be punished and not condoned,why must I be punished for their unprofessional operation. The commissioner said he was going to reinstate me if I have choosen to but he compensates with 3 month Salary before tax at a salary of R6800,how on earth, of course I understand it's not a payment to punish the employer but to serve as a deterrent but this will not can he say it's equitable,what barometer did he use to make him says it's equitable,the admin clerk and the sales manager as well as the F&I remained in their jobs even though they were gross negligence,so the duration that I stayed without an income untill his award should be equitable since those whom I mentioned above were and still getting their 12 months salary and above would have been equitable. The commissioner is well aware that I will have a challenge to take it on review because I will not afford an he was tactical,will just give the award to me that is not equitable and I believe the employer will not take it on review because it's indirectly on their favour.they refused to settle and insist on arbitration but they have settled with a colleague of mine(we were working at the same company and our dismissal a month apart and for a similar incident) for 3 months,now you tell me if they can settle for 3 months and a commissioner compensate for 3 months now what makes the difference between the two cases.both myself and my colleague,(Mathonsi) is all about loss of cars because of the employers negligence but they can settle with Mathonsi for 3 months and the commissioner award a compensation of 3 month,this is a miscarriage of justice. The commissioner did this deliberately,though not the same commissioner but it set a precedent defining settlement and arbitration as two different processes that produces the same outcome. I will be shocked if the employer chooses not to take it on review because if they believe I'm guilty why should they abide by the award when they can take it to the Labour court.due date for compensation is 31 August 2017.

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