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Ask Barend B. Your Own Question
Barend B.
Barend B., Legal Consultant
Category: South Africa Law
Satisfied Customers: 1346
Experience:  BLC LLB (Pret) LLM (Augsburg)
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Barend, Thank you response, please advise re the below. I

Customer Question

Good morning Barend B, Thank you for your response, please advise re the below. I have not issued her with the Final written warning, I did suspend her on the 15th and agreed to have the hearing in January when the company lawyer returns from leave. She
is defying the suspension and told me she will work, she is not suspended even though she told two other staff members I suspended her. The owners do not want her here as she is disruptive, aggressive, lies and caused problems among the other staff. Can I
terminate her services based on her actions after suspension.
Submitted: 11 months ago.
Category: South Africa Law
Customer: replied 11 months ago.
I would also like to know if I can terminate employment without consent. I am willing to pay her two months salary in advance, she has been paid till end December already.I have received a letter from the owners stating she is terminated.
Expert:  Barend B. replied 11 months ago.

Good morning,

Could you please explain what is meant with " I have received a letter from the owners stating she is terminated"? If her employment is terminated without a hearing, the dismissal will be overturned by the CCMA on the basis that the procedure followed was procedurally unfair.

Regards,

BB

Expert:  Barend B. replied 11 months ago.

Good day,

If you have any other questions regarding your query, I'll be happy to answer them.

Regards,

BB