EMPLOYEES FIRED FOR ASKING QUESTIONS ABOUT THEIR BONUSES
Case: LEWUSA obo Masina and another / Mario Meano Engineering
Two employees (Mr Masina and Mr Sibiya) were accused of causing “incitement” at work by approaching the company to ask about their bonuses.
The company believed that that these 2 employees were inciting other employees to go on an illegal strike. So the company decided to fire them for incitement.
The two employees then opened an unfair dismissal cases at the CCMA.
After hearing both sides, the Commissioner said:
Incitement happens when one employee attempts to persuade another employee to perform a illegal act.
It is wrong for employees to commit incitement.
But in this case, there had been no incitement because the company did not have any evidence to show that these 2 employees were encouraging others to go on an unprotected strike.
Therefore the CCMA ruled that their dismissals were unfair and that the company must give them their jobs back
KEY TAKEAWAYS:
- Companies should always have proper evidence of wromgdoing before they decide to dismiss an employee. Without this evidence, they risk losing the case at the CCMA.
- Employees have a right to ask questions relating to their work (including bonuses) without fear of being victimized or fired.
