Assmang ordered to reinstate employee after dismissing him for using ‘dismissed’ instead of ‘suspended’ during dispute
- Published on 14 Jul 2023
- HR Pulse News Desk
An employee who was dismissed for dishonesty and misrepresentation after erroneously using "dismissed" instead of "suspended" during a dispute with his employer had his dismissal declared unfair and was reinstated by the Labour Court in Johannesburg.
E Tlhaganyane was employed by Assmang Limited-Blackrock Mine as a shift supervisor. In July 2017 he was suspended on allegations of stealing the employer's disciplinary records. Following an investigation, it was established that there was insufficient evidence to prove Tlhaganyane's involvement in the alleged theft and the suspension was subsequently lifted. Unhappy with the theft allegations, Tlhaganyane lodged a grievance in accordance with Assmang's grievance policy. But, Assmang concluded that Tlhaganyane had not been discriminated against.
Tlhaganyane then instructed his attorney to issue a summons against Assmang, alleging defamation of character. Unfortunately, in the summons, the attorney mistakenly stated that Tlhaganyane had been "dismissed" instead of "suspended." Consequently, Assmang charged Tlhaganyane with dishonesty and misrepresentation for the inaccurate details in the summons. After an internal hearing in April 2019, Tlhaganyane was dismissed for dishonesty and misrepresentation.
He initiated an unsuccessful internal appeal and the matter was then referred to the CCMA, which ruled that the dismissal was both substantively and procedurally fair. The matter was then brought before the Labour Court. Acting Judge Smanga Sethene found it surprising that Assmang had instituted disciplinary charges against Tlhaganyane solely based on the mistaken reference to dismissal instead of suspension in the particulars. He ordered that Tlhaganyane be reinstated with immediate effect from the date of his dismissal and receive all the remuneration he would have earned had he not been dismissed.
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Source: SA Labour News
