Following on from my last blog regarding labour law practices and how YOU MUST follow procedure before dismissing an employee; I thought I would give the readers an update.
The employee went to a labour representative who confirmed that he in fact had a valid case and proceeded to book a date for the hearing. This meant that they sent out a letter, to the international company notifying them of their expected presence in South Africa on the 18 July 2016. As expected from my side, the business made the decision to not send through a representative from their side and set up an appointment to Skype with the individual to see if they could come to some sort of compromise.
Here is where recruitment agencies need to ensure that they have the correct information within their terms and conditions in order to protect themselves, and their partnerships, with their external clients.
The company decided to settle and in doing so, they admitted guilt in terms of dismissing the employee unfairly and offered him a three month salary pay out, concluding the transaction and the grievance with the CCMA and adhering to correct labour law practices.
Due to our terms and conditions, which state that we offer a guarantee period and will replace any fall off from our side within a certain time frame, however we would not replace or offer a credit in circumstances of unfair dismissal. Should we not have had this in place, we would have either been liable for a replacement candidate or a credit for the amount that fell within the guarantee period.
Not that we have any issues with replacement of candidates at all! However putting yet another candidate into an organisation that does not follow correct processes in order to ensure that fairness is upheld during the dismissal process, is not a situation we would like to place another candidate in.
I reiterate that companies should ensure that their house is in order and fairness remains between both employer and employee.
Should you still be unsure of the processes that need to be followed, I am happy to assist and provide information, hence you are welcome to contact me on Cheryld@itsaboutpeople.co.za. Try to research labour law practices and ensure that you are up to date on the processes and procedures.
Processes are there for a reason, make sure you follow yours, It’s About People do.