unfair dismissal- a journey to justice
Текст Раскадровки
- Горка: 1
- Scene 1
- This is where John works, his work cubicle.
- Горка: 2
- Scene 1
- John working diligently at his desk.
- Горка: 3
- Scene 3
- John, do you mind coming to my office for a minute? i need to talk to you
- no problem Sir
- Unexpectedly the manager comes and calls John to his office.
- Горка: 4
- Scene 4
- I called you in to let you know that you have been dismissed from work and you need to pack your stuff and leave immediately.
- But why Sir? I believe that i have been doing everything accordingly and i only did not meet my targets for 1 month.
- John is informed of his dismissal without any clear explanation.
- Горка: 5
- Scene 5
- Here is your dismissal letter, everything you need to know is in here. You are released from your duties with immediate effect.
- I hope this clearly states the real reason why i am being dismissed. Thank you Sir, i will take my leave now.
- John is the handed a dismissal letter with vague reasons.
- Горка: 6
- Scene 6
- I came to check in if everything is okay, i saw you leaving and packing your things at work early today after you left Mr X OFFICE.
- I got a dismissal letter and was released from my duties immediately because i did not meet my targeted sales last month.
- i do not think it is fair to be dismissed without any warning issued at first. Please do not take thid lying down.
- John has a conversation with his former colleague who then tells him to take action because the dismissal was unfair.
- Горка: 7
- Scene 7
- i should look for places that can help me, maybe start by taking the matter to my union and then to CCMA.
- Maybe Sipho was right, i was unfairly dismissed.
- John thinks about what Sipho his colleague said and realizes that he may have been right and decides to research more and contact his union.
- Горка: 8
- Scene 8
- Did you manage to find anything that will help you? We also do have a union at work remember that.
- I sent them an email and they said the matter will be attended to, and according to the law i was really unfairly dismissed.
- Jabu and his colleague are having a conversation and he tells him that he has sent the union an email and they proised to get back to him.
- Горка: 9
- Scene 9
- CCMA is an independent tribunal which adjudicates labour disputes in South Africa, that remain unsloved after conciliation stablishing picketing rules.
- Горка: 10
- Scene 10
- John submits a case referral form to the CCMA at his home computer.
- Горка: 11
- Scene 11
- I have been served with a dispute from CCMA, so John decided to file a case against my decision?
- But I strongly believe that i did not unfairly dismiss him, my decision was fair on my end.
- The employee/ manager gets notified by CCMA of the dispute.
- Горка: 12
- Scene 12
- John should be allowed the chance to state his reasons for poor work performance and should have been given a verbal warning first. You are entitled to a reasonable time to prepare the response and to the assistance of a trade union representative or fellow employee.
- Trade union tries to get facts with John and agreed to act on behalf of him to fight for his case.
- Горка: 13
- Scene 13
- Conciliation meeting between the representatives for John and the employee.
- Горка: 14
- My decision is final, I will not change it.
- You should communicate the decision taken and, and preferably furnish the employee with written notification of that decision.
- No notice or even verbal warning was given.
- The case of unfair dismissal dispute a person has only 30 days from the date onwhich the dispute make an appearance is to refer the case to the CCMA orbargaining council for conciliation.
- Горка: 15
- Scene 15
- But you did not give him any warning. You cannot dismiss an employee without any verbal or written warning, that is unfair.
- I dismissed John because he did not perform well on his targeted sales last month. He knew this was bound to happen.
- Both the parties present their evidence before the court.
- Горка: 16
- Scene 16
- The arbitrator questions both the parties.
- Горка: 17
- Scene 17
- The employee was not aware or could reasonably been expected to know about the rule or standard
- Closing arguments are presented.
- Горка: 18
- Scene 18
- The owner of the company failed to provide solid grounds on that John must be dismissed without any prior warning and the negotiator was able to prove that John has been unfairly dismissed.
- Arbitrator delivers the verdicts and the dismissal is deemed unfair.
- Горка: 19
- Scene 19
- Therefor this dismissal has been deemed unfair and the worker must be retrospectively reinstated.
- The Labour Relations Act: Section 7 guidlines in cases of dismissal for misconduct states that any person who is determining whether a dismissal for misconduct is unfair should consider the employee was aware, or could be reasonably have been expected to be aware of the rule or standard.
- Горка: 20
- Scene 20
- It feels really good to be back at work.
- John returns to work.
- Горка: 21
- Scene 21
- Hi John, how does it feel to be back at work? i am sure you feel happy to be reinstated fairly.
- I am feeling very happy and i did not get a chance to thank you for shedding some light to me the other day.
- Colleagues welcome John back.
- Горка: 22
- Scene 22
- John's confidence is restored.
- Горка: 23
- Scene 23
- He came back with a full on confidence.
- Ever since John came back, he has been performing very well and meeting all his targets.
- John's colleagues having a conversation about how he came back with confidence and working very hard.
- Горка: 24
- Scene 24
- Even after everything that has happened, this is to recognize you for the work you have been putting in since you came back.
- John continues working very hard and meets his targets, he is recognised by his manager.
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