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Maybe someone can help me. We have a number of companies in our group.
Two managers from different companies had a disagreement and the one showed the other the finger.
However the one receiving the gesture just happens to be a trustee of the group and now wants the other dismissed.
Has anyone got any idea of the legalities?
First be clear that one cannot “have someone dismissed”. A manager, trustee, customer, fellow employee can request or even demand that an employee be disciplined. In that case, as in all matters of conduct and performance, the first step is an investigation. What happened? When? Who saw it? If the investigation shows that a disciplinary hearing is appropriate, then that is the next step–not because the trustee said so, or the customer demanded it, but because the facts require it.
Dismissal may or may not result, but that is up to the chairperson of the enquiry. The trustee will have to be called as a witness along with any other witnesses from the company and from the employee.
Thanks Ian… No investigation was done, the situation is going straight to disciplinary. I understand the employee was insubordinate however the trustee does not have anything to do with this particular company other than being a trustee, he is not permitted to give instructions at this unit. As the HR Manager I have been told by the labour consultants that I am not allowed to represent the employee, is this correct?
Yes. The HR Manager should advise the company and should not represent anyone. It becomes impossible for us to do our jobs if we start representing (or charging) people. You can’t say yes to a manager, for example and then refuse an ordinary employee.
Of course, the company has every right to discipline an employee for actions towards an outsider, including a customer. But watch the process from an HR point of view, otherwise you will have a hefty CCMA dispute on your hands. That is hefty regarding the compensation…..
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