South Africa Law
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If you feel that the warning is unfair and that you did your duties in accordance with your initial employment agreement and that the action taken against you is frivolous, you absolutely can fight it.
If you receive a written warning and you feel that it has been issued unfairly, you would first have to follow your companies internal appeal procedure. In the absence of this, you could approach the CCMA within 90 days to appeal the written warning.
The employment contract could state your responsibilities in broad terms. It does not have to state everything in detail that you are responsible for. Since you seem to be in management, you would be responsible for your department as well, which means that other peoples responsibilities could become your problem if it is not addressed.
If, however, you have to ask permission for everything and that permission is not forthcoming, you are pretty much caught between Faro and the Red Sea, which would make disciplinary action against your for inaction, unfair, in my opinion.
If I understand you correctly, the meeting resulted in you getting a final warning, so, yes, you can take that to the CCMA if you feel that what has been decided is untrue or you did not get a chance to make submissions etc.
Well, if they dismiss you without giving you an opportunity to state your case, the dismissal would be procedurally unfair and you would be able to challenge the dismissal as well.
I would challenge the written warning if I was you, however, since if you don't, it would appear that you agree with their assessment.
They cannot discriminate against you for going to the CCMA. That would give rise to new causes of action on your part, at least potentially.
If you lose at the CCMA, you lose. Nothing goes on a record or something.
The service that the CCMA offers is free. If, however, you wish to appoint an attorney, then it will cost you.
If the final written warning remains as it stands, then it can be used in future proceedings against you, at least until August. You have to decide whether you are willing to risk it.
Not against the contract, but against the unfair conduct of holding you responsible for things you are not responsible for on the one side and not providing the necessary guidance on the other.
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