A Small company( less than 50) family run, has disciplined three employees after internal correspondence on the firm's internet was hacked and monitored by one of the directors. One of the women has been suspended after 12 years of uninterrupted service and the others warned. The women are are clerical and the one suspended has HIV. No letters of warning or suspension have been issued. What is the legal opinion on how this situation should be handled. No one will stand for the other - is it necessary to consult the CCMA for unfair labour practice? What is the stance on hacking into crrespondence od a personal nature between colleagues - is this legal? Thanks
Good day. 1. Intercepting any communication, other than in terms of RICA, is a criminal offence and you can report the director at the SAPD. 2. Any dismissal that is not preceded by a disciplinary hearing, is procedurally unfair and can be referred to the CCMA. You can find the necessary forms, advice on the process and contact details of your closest CCMA office at www.ccma.org.za. 3. It is found that the woman that has HIV has been dismissed due to her HIV status, that will entitle her to claim up to 24 months' salary, however, the CCMA will probably award a lot less than that. The other can go as much as 12 months, however, again, it will probably be more in the region of 3 - 6 months. I hope the information assists, but if you want to discuss this further, feel free to do so before rating.
L.LB, Civil and criminal litigation, contracts, labour and family law
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).