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Post Info TOPIC: Unfair dismissal-No disciplinary held
Anonymous

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Unfair dismissal-No disciplinary held
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Can a company fire me without a disciplinary hearing or without an independant person deciding if that's the appropriate sanction? I met all the requirements on the job spec,however they found out I lied about an additional course on my CV which was not a requirement tho.They then fired me for dishonesty on the same day without a gearing being held.Please assist as to what my rights are?

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Anonymous

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I admire your honesty, hopefully you have learned a lesson and will refrain from such action again........ The answer to your question is no! They cannot fire you without procedure, the art here is to divert the focus from what you have done and focus on procedure, even though you are guilty the fact remain that they still needed to follow procedure........... Once past this point ONLY will we need to focus on a appropriate sanction, the seriousness of the offence and the damages suffered by the employer ASWELL as the gain and/or potential gain you could have received from the "lie" that you have told......... Either way you have a strong case for unfair dismissal, mostly if you pursue the matter, experience thought me that the company will settle, I don't promise anything but it is the norm. Hope this help. Regards W.Rautenbach - Rautenbach & Associates

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Anonymous

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Thank you for you speedy response.Much appreciated.How long will it take for CCMA to finalise this mattet.I submitted my forms on Monday and haven't heard of a hearing date as yet.Thanking you in advance.

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Anonymous

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Hi,would the company have grounds to stand on,based on the Protech vs Evans case?Please advise,thanks.

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Anonymous

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Can I take an attorney with me to ccma?Protech vs Evans in this case or not?Please assist.Thanks

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