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WCLawyer
WCLawyer, Attorney
Category: South Africa Law
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Experience:  L.LB (UOVS)
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Afternoon, I was dismissed by Standard Bank without being present

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Afternoon, I was dismissed by Standard Bank without being present at a hearing. I was in hospital at the time and as per my employment contract I submitted my doctors note. They emailed me saying a doctors note is not valid inless my doctor is at the hearing to testify or provide them an affidavit. They sent me a registered mail to say my discplinary enqiry was resceduled 3 days before the hearing. I recieved notification to pick it up at the post office 4 days after I was dismissed in my absence. Can I demand reinstatement at the CCMA on procedial fairness or do I have to discuss substantial. I beleieve that all internal processes have not even begun let alone exausted. They also used my bank statements in the hearing without my permission as well as those of my friends. I was accused of inflating income when applying for a loan. I recieve maintenance that would have explained the amount of income stated. They only pulled one of my accounts and never mentioned the fact to the chairperson after I stated this on aletter of explanation.
Submitted: 1 year ago.
Category: South Africa Law
Expert:  WCLawyer replied 1 year ago.
Good day and thank you for your question. My name is XXXXX XXXXX I will try and assist you today.

In order to provide you with the most accurate answer, I may have to ask you a lot of questions. This may seem tedious and irrelevant, but trust me, there is a reason for every question. So please be patient throughout the process and if it takes a little long for me to come back to you, it is probably because I am researching your answer. I hope that is okay.

Have you appealed it internally?
Customer: replied 1 year ago.


I could not, they dismissed me without even a first sitting. No internal process has been followed. I was notified to attend a hearing , fell sick submitted a doctors note, was then admitted they rescheduled and continued and dismissed me.


 

Customer: replied 1 year ago.

please respond to XXXXX@XXXXXX.XXX as my gmail PC is corrupt

Customer: replied 1 year ago.

please respond to XXXXX@XXXXXX.XXX as my gmail PC is corrupt


Expert:  WCLawyer replied 1 year ago.
They have crossed out your e-mail address, unfortunately, since the terms and conditions of Just Answer prevents me from contacting you outside of the site.

Can you appeal the matter internally? Does your disciplinary procedure/code make provision for internal appeal?
Customer: replied 1 year ago.

I cannot there is no provision and besides the HR department does not want to even discuss the matter. Hence the appeal to the CCMA for intervention.

Expert:  WCLawyer replied 1 year ago.
Okay, I just need to be clear on what you are asking me. Are you asking me whether it should be referred to the CCMA on procedural grounds or on substance of the fairness and if you can ask to be reinstated?
Customer: replied 1 year ago.

It is already refferred on procedial and the case ie tuesday, can I asked to be reinstated sithat OI cab exercise my fight to a fair trial or will they hear the full case of prcedial as well


how should i prepare?

Expert:  WCLawyer replied 1 year ago.
When you filled out the form 7.11, did you contest the fairness of the dismissal both on substance and procedure, or only on procedure?
Customer: replied 1 year ago.

Both

Expert:  WCLawyer replied 1 year ago.
Okay, that is fine. I was concerned there for a while.

At the CCMA hearing, everything will start afresh. That is, you will get the disciplinary hearing at the CCMA that you did not get at the bank.

The employer would need to prove two things at the CCMA. Firstly that the dismissal was procedurally fair and secondly that it was substantially fair.

In other words, they need to prove that they gave you proper notice of the disciplinary hearing. The fact that the notice was sent through registered post, coupled with the short period allowed for delivery, in my opinion, would show their bad faith. They could have e-mailed such a notice, or sent you an sms or hand delivered the notice. Point is, they need to show that they did intend for you to get the notice in time and the fact that you did not could not have been foreseen by them and you need to harp on the fact that if that is you intend to do that, you don't send it three days before the hearing by registered post firstly and secondly, maybe you confirm whether the notice was received telephonically. You need to convince the Commissioner that the notice was sent in such a way that they intended for you not to get it in time.

With regards XXXXX XXXXX substantial fairness, they need to prove that you are guilty of whatever it is that they charged you off at the disciplinary hearing. So, you would have to prepare for this in the very same way as you would have prepared for it at the disciplinary hearing. So, you would need to take whatever evidence it is you need to rebut the charge.

I hope I have answered all of your questions and addressed all your concerns, but if you have follow up questions before you rate, feel free to ask them at no extra cost. If you are satisfied with the service, kindly rate it positively.
Customer: replied 1 year ago.

sorry for the delay. I know that my case is good. The clarity I need is the legality around them invading my privacy. Obtaining my bank account without needing to prove any wrongdoing. They have a credit score card they have my salary slip. I could have been questioned or asked to present the evidence of my bank accounts but they drew them without consent and drew those of my collegues as well. these documents are now in the public domain. I thought that a court order was needed to draw my bank details. I believe I was victimized and can prove that.

Expert:  WCLawyer replied 1 year ago.
Are these documents going to strengthen, or weaken your case if they are before a Commissioner?
Customer: replied 1 year ago.

Streghten my case as in a letter of explanation I mentioned income obtained from maintenance. They had acess to both accounts but only drew the one that did not have the maintenance showing so that my income could appear to be inflated. They also failed to mention or take into cosideration at the hearing this income. Their whole case is that I inflated a score card. The lagality of my job is also at question as I was not FAIS compliant. I could not as such create a liability or give advice to bank clients. They opened me a profile that allowed this against their own policy entraped me and noe charged me. I am now listed for dishonesty when it is them that produced fraudulant docs to prove I knew of o rule. They cannot provide contracts that I signed that indicates that I knew what salary was captured on their system and now I must account for what someone elese captured.

Expert:  WCLawyer replied 1 year ago.
I understand that you are not happy with the fact that they obtained the financial information from your accounts and those of your friends and that it could constitute an invasion of privacy, but if it is going to strengthen your case, I would not take this up at the hearing. It is not going to take your case any further.

I would rather take that at the Human Rights Commission or the banking ombud.

WCLawyer, Attorney
Category: South Africa Law
Satisfied Customers: 15057
Experience: L.LB (UOVS)
WCLawyer and other South Africa Law Specialists are ready to help you

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