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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