Emplyee appointed for job and was given 3 months contract. Oct 2011. Contract not reniew. What is employee status today in company?If an employee are penalised for "coming late" but employer refuses to provide attendance registar, what must employee do?Employee fell sick at work and told emplyer he is going to see docter. Saw dokter 14:30 same day and was booked off. Can money be deducted for afternoon that emplyee was not at work, but at dokter.
Good day. This is an info request to assist you better. Please continue on this thread.Is the employee still working there?
Yes he is
Is this penalty system something that is contained in policy documents? What do you mean with penalize? Is this system applied consistently, or is only this employee affected?
He was given hearing and given final written warning. This hearing was held without any warning. He was also accused of gross subordination. He wrote letter of appeal against hearing and asked management to sign letter which they refuse to do.
Does the company have internal appeal procedure? Is it in terms of this procedure that he acted?
Cannot answer at this stage since copy of contract not available at moment. However don't think so. At this stage it seems that he is the only one affected.
1. Since his contract was not renewed for another fixed period, but his contract was also not terminated, the position is that he has been tacitly appointed, but permanently.2. There is an old adage in South African law that state that he who alleges, must prove. In this instance, where it is alleged by the employer that the employee is constantly late, the employer bares the burden of proof and, if the employee denies that he is constantly late, the easiest way to disprove this would be for the employer to present the attendance register.3. In addition to this, an employer is also obligated to treat each employee equally. He cannot punish one person for being constantly late and let another one off the hook for the same offence. Such a warning will be invalid, irrespective of whether the employee is guilty or not. Obviously there are limits. If he is an hour and a half late everyday and the other employee five minutes, there is a marked difference.4. Sick leave is paid leave. If the employee presents a doctors certificate which indicate that the person was incapacitated, the employer is not obligated to accept this, but he needs to inform the employee of this and give the employee a chance to challenge this. 5. All of the above that you have mentioned here, needs to be referred to the CCMA, in my opinion, on the basis of it being unfair labour practices. More information on how to do this and where, can be obtained from www.ccma.org.za.
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L.LB, Civil and criminal litigation, contracts, labour and family law
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