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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
Optional Information: Province: Gauteng Already Tried: Nothing
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.
Experience: L.LB, Civil and criminal litigation, contracts, labour and family law