South Africa Law

Get your South African law questions answered by Experts

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

A female and a male worker are both charged with "fighting…

A female and a male...
A female and a male worker are both charged with "fighting in the workplace" the incident happened on the 26th May 2017. The female worker just after the incident complained that she was assaulted and she was taken to the doctor on the 26th May but the male one never complained neither going to the doctor on the 26th but he went on the 29th. Both workers opened criminal cases against each other for assault and the prosecution didn't happened since both decided to withdraw the cases against each other and both signed out of court settlement letters. Two witnesses collaborated to the fact that the male worker was heard saying "I will hit you" after a question from the female one asking "why are you hitting me".
This to us seems like the female worker has been overpowered by the male worker and she acted on self defense using a portrait and the stapler but yet she is also dismissed with the male worker.
We are preparing an appeal for her and a possible referral to the CCMA please assist if we do have grounds to fight this perceived unfair dismissal case.
Show More
Show Less
Ask Your Own South Africa Law Question
Answered in 1 hour by:
9/14/2017
Freddie Lombard
Freddie Lombard, Attorney
Category: South Africa Law
Satisfied Customers: 2,820
Experience: Practicing attorney and conveyancer with 16 years post article experience.
Verified

Hi I'm Freddie,

Welcome to Just Answer. Thank you for your question. I am reviewing it now and will post a reply here ASAP.

Regards

Ask Your Own South Africa Law Question

It appears from your case that the chairman made an incorrect factual finding, and that such was not based on the evidence before him. This, I must say, I can only guess, since I am only in posession of your version and I was not present to hear the evidence. But, relying on the accuracy of your version, it appears as if Zanele did not trhought the stapler at the person who assaulted her.

I believe you do have a case for an appeal especially considering the governments very strong zero tolerance policy on violence against women and children.

It can never be expected to be OK for a man to assault a women. And then, it can even less be expected to be OK for such a women to not be allowed to vigourously defend herself.

The letter signed to settle the dispute at Court is hardly enough evidence to say she assaulted him, even if the wording states that she will not assault him again. That was done in settlement of a criminal matter.

I hope this answered your question.

I know it will take an extra minute of your time to rate my service, but if you do not rate it, I do not get paid by the website so I would really appreciate it if you would be so kind as to rate my service positively. Feel free to ask further questions here on this topic at no extra cost if you need more information.

Regards

Freddie Lombard
Freddie Lombard, Attorney
Category: South Africa Law
Satisfied Customers: 2,820
Experience: Practicing attorney and conveyancer with 16 years post article experience.
Verified
Freddie Lombard and 87 other South Africa Law Specialists are ready to help you
Ask your own question now
Customer reply replied 11 months ago
Can the employer dismiss Zanele for trying to defend herself from a man obviously stronger than her?
Can the employer dismiss Zanele based on the fact that an eye witness testified that he saw both Zanele and the man grabbing each other he didnt see any hitting accept to mention the stapler. He further argues that he had to seperate them before they could stop, so can that justify that there was a fight between the two.
Can the injuries examined by a doctor 3 days after the incident warrant an assault and what about the injuries reported by Zanele on the day of the inceident and examined then by the doctor.

OK, yes, the injuries sustained during the altercation is not a problem and the fact that the man only went to the doctor a few days later makes no difference.

The fact that the man is stronger than the woman does not necessarily mean that he was the aggressor.

The only thing that is a problem for Zanele, is the finding by the chairman that she attacked the man after they were already separated. That is not self defense - that is assault, no matter what happened prior to that. Zanele's version is that she wanted to run away but that the man was blocking the doorway.

If her version is correct, then she should be OK, she was trying to protect herself. But, if his version is correct that she attacked him even after they were already separated, then she is also guilty of assaulting him, and the dismissal will be fair.

Thank you so much for the positive rating. I hope I can be of assistance to you again in the future.

You may request me personally.

http://www.justanswer.com/law/expert-fwlombard1/

Regards

Ask Your Own South Africa Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Freddie Lombard Your Own Question
Freddie Lombard
Freddie Lombard
Freddie Lombard, Attorney
Category: South Africa Law
Satisfied Customers: 2,820
2,820 Satisfied Customers
Experience: Practicing attorney and conveyancer with 16 years post article experience.

Freddie Lombard is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

PHINEAS MOTAUNG

PHINEAS MOTAUNG

Attorney

113 satisfied customers

BACHELOR OF LAWS

Emil

Emil

Attorney

33 satisfied customers

BCom Law LLB, 3 years post article experience as attorney

LCP

LCP

Attorney

21 satisfied customers

BCom (Stell) LLB LLM

Freddie Lombard

Freddie Lombard

Attorney

2,820 satisfied customers

Practicing attorney and conveyancer with 16 years post article experience.

Shaie Zindel

Shaie Zindel

Attorney

1,249 satisfied customers

All areas of commercial and contract Law - specialist in property advice.

inciteadvisor

inciteadvisor

Commercial Lawyer

814 satisfied customers

B.Com LLB Registered Corporate lawywer

Christiaan K

Christiaan K

226 satisfied customers

Attorney & Director at Lombard Kotze Incorporated

< Previous | Next >

Related South Africa Law Questions
Worker X signs an agreement stating that: (1) Employer Y has
Worker X signs an agreement stating that: (1) Employer Y has paid him an additional R3000, (2) Y has not pressurized X to sign the agreement, (3) X will not take Y to court, (4) X will not take Y to c… read more
Christiaan K
Christiaan K
LLB
226 satisfied customers
I have an intimidation case against me. The police already
I have an intimidation case against me. The police already wanted a statement from me, but I refused to give them a statement without legal representation. I never assaulted or intimidated the person … read more
Christiaan K
Christiaan K
LLB
226 satisfied customers
Good evening! Thank you for being online to assist. I am female
Good evening! Thank you for being online to assist. I am female educator who is being harassed by a White male colleague, for no apparent reason. I have reported this matter to, the Principal, and am … read more
JW Fourie
JW Fourie
Attorney
Bachelor\u0027s Degree
6,698 satisfied customers
Good day I would like to find out with regards ***** ***** following
Good day I would like to find out with regards ***** ***** following situation. I have a child minder / domestic worker that has worked for me for 6 years. She was admitted into hospital last week wit… read more
JW Fourie
JW Fourie
Attorney
Bachelor\u0027s Degree
6,698 satisfied customers
Hi my name is*****m working at Carnival City casino.I
Hi my name is***** working at Carnival City casino.I was assaulted and threatened by a customer while at work, I went to the police and opened a case but my employers are refusing to give me the custo… read more
JW Fourie
JW Fourie
Attorney
Bachelor\u0027s Degree
6,698 satisfied customers
We constructively dismissed our domestic worker and she signed
We constructively dismissed our domestic worker and she signed a resignation letter. She after 17 months since dismissal has taken us to the CCMA - can she do that?… read more
Freddie Lombard
Freddie Lombard
Attorney
Bachelor's Degree
2,820 satisfied customers
Can an employer dismiss me basd on his assumption that because
Can an employer dismiss me basd on his assumption that because I complained that my relationship with my supevisor has irretrievably broken down? bearing in my that I have been cmplainig to HR that my… read more
inciteadvisor
inciteadvisor
Commercial Lawyer
Post graduate degree- LLB
814 satisfied customers
One of our workers had an incident with a fellow worker recently
One of our workers had an incident with a fellow worker recently while they were playing soccer in the street during lunch time. Worker 1 tackled Worker 2 and made as if to kick him. Worker 2 did like… read more
JW Fourie
JW Fourie
Attorney
Bachelor\u0027s Degree
6,698 satisfied customers
A staff member went on sick leave. She left 22Oct and saw a
A staff member went on sick leave. She left 22Oct and saw a doctor on 24Oct. The GP booked her of for 24 and 25 and will be back on 26th. She did not return or informed us. She went to the GP again on… read more
Mike Otis
Mike Otis
Master's Degree
1,508 satisfied customers
Hi, I have been suspended and at home for almost two months.
Hi, I have been suspended and at home for almost two months. I employer has suspended me after I laid a grievance against him a few days before. This tactic was to prevent me from exposing him for unf… read more
JOHANN
JOHANN
Master's Degree
3,396 satisfied customers
My husband and I both work for Eskom. One mornig at the lift
My husband and I both work for Eskom. One mornig at the lift there was a man staring at me while we were waiting at the lift, this guy was also with another man. When we entered the lift I shook my he… read more
JOHANN
JOHANN
Master's Degree
3,396 satisfied customers
My domestic workers 17 year old son, Hopeful, was assaulted
My domestic worker's 17 year old son, Hopeful, was assaulted by a white male +/- 25years on Friday afternoon while standing on the side of the road in Durban North after he had been sent on an errand … read more
JOHANN
JOHANN
Master's Degree
3,396 satisfied customers
I run a small business with 5 staff members. We are tight-knit
I run a small business with 5 staff members. We are tight-knit group, have lots of fun, and rely on good relationships and good communication to bridge the gaps often found when a small business grows… read more
Mike Otis
Mike Otis
Master's Degree
1,508 satisfied customers
Employee reaches the retiremend age of 60 according to the
Employee reaches the retiremend age of 60 according to the company policy. A new contract were formulated between the employer and employee for one year, after that year the contract were change to si… read more
JW Fourie
JW Fourie
Attorney
Bachelor\u0027s Degree
6,698 satisfied customers
Hi. Ive been suspended with no written warning of allogations
Hi. I've been suspended with no written warning of allogations against me. they say that i oporated a business out of the company car, gross dishonesty in my job and misuse of the car. now, i have not… read more
JOHANN
JOHANN
Master's Degree
3,396 satisfied customers
I have an abusive boss, seemingly especially to female staff,
I have an abusive boss, seemingly especially to female staff, shouting and screaming at people. I asked for a job description, and he told me if I'm concerned about legal compliance then this is not t… read more
CaseLaw
CaseLaw
Attorney
Bachelor's Degree
785 satisfied customers
Good afternoon I manage a lodge and after an argument started
Good afternoon I manage a lodge and after an argument started at the main lodge building a female staff member treatened her female colleage that when they get to their rooms on the property she will … read more
Barendb
Barendb
Master's Degree
777 satisfied customers
Good day I have employed a clinic sister in our pharmacy. She
Good day I have employed a clinic sister in our pharmacy. She started and within the first two days I had a customer complaint about how badly she damaged the customers arm while drawing blood. Asecon… read more
Barendb
Barendb
Master's Degree
777 satisfied customers

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).

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).

Show MoreShow Less

Ask Your Question

x