In this edition of Labour Law with Luzan, we delve into a recent CCMA award (Amorie Bloemarts vs Mesrabite (Pty) Ltd t/a Bisque it) with significant takeaways for employers regarding dismissal procedures.
The Case:
Ms. Bloemarts, the General Manager at Bisque it (a Hermanus restaurant), was dismissed after being suspected of petty cash theft. The employer requested her resignation, which she refused, leading to a summary dismissal. Ms. Bloemarts challenged the fairness of the dismissal at the CCMA.
The Ruling:
The CCMA found the dismissal to be unfair on both substantive and procedural grounds. Here’s why:
- Substantive Unfairness: The employer failed to provide concrete evidence regarding the alleged amount stolen or any other misconduct by Ms. Bloemarts.
- Procedural Unfairness: Ms. Bloemarts wasn’t informed of the specific charges against her and wasn’t given a chance to defend herself.
Key Takeaways for Employers:
This case highlights the critical importance of adhering to fair dismissal procedures:
- Clear Communication of Allegations: Employers must clearly outline the alleged misconduct the employee is accused of. This includes details like the nature of the misconduct and any supporting evidence.
- Right to Respond: Employees have the right to respond to allegations. Employers must provide them with a fair opportunity to present their side of the story before taking disciplinary action.
Following these procedures not only ensures fair treatment of employees but also protects employers from claims of unfair dismissal.
