Today’s case is about Ms T, a manager of a major real estate company in Durban who was dismissed after employees at her branch complained that they were unable to work under her and that she was “hopeless” as a manager.
The employees provided the CEO with an ultimatum, that if she were not removed from her position, they would all resign from work.
The CEO of the real estate company proceeded to send letter to Ms T, firing her.
Ms T felt that this was unfair and opened a case for unfair dismissal at the CCMA.
CCMA VERDICT
After hearing both sides, the Commissioner said:
- A company can dismiss an employee if they are incompatible at work.
- Only the company must first address the problem with the manager and give the manager an opportunity to improve.
The company in this case did not do this.
The company simply dismissed Ms. T without a giving her a chance to respond or improve.
Regarding the “ultimatum” staff had sent to the CEO that they would leave if Ms T remained in her position, had never been disclosed to her.
There were no official grievances filed by any of the staff members.
The CCMA found her dismissal to be unfair and Ms T was awarded compensation of 10 months’ salary (about R2.6 million).
KEY TAKEAWAYS:
1. ALWAYS have a hearing. A Company should never just fire an employee.
2. If there is an incompatibility issue at work, then the employer must help the employee before resorting to dismissal. In other words, the employee must have an opportunity to improve first.
