Court Case Involving Unfair Firing from Brights Hardware

1681 WordsFeb 17, 20187 Pages
DETAILS OF THE HEARING AND REPRESENTATION 1. The arbitration hearing was held in Cape Town at the CCMA offices on 18 March 2014. 2. Ms. Cherish Schroeder, the applicant, presented her case. Ms. Simoney Pheko (Human Resources Manager) represented the respondent party, Brights Hardware (Pty) Ltd. The proceedings were recorded electronically. THE ISSUE TO BE DECIDED 3. Whether the dismissal of the applicant was procedurally and substantively fair. THE BACKGROUND OF THE DISPUTE 4. The applicant began working for the respondent as a cashier on 2 March 2009. At the time her dismissal, she worked as an Administration Clerk. She was dismissed on 31 December 2013 for gross negligence and failure to follow a lawful and reasonable instruction. The applicant was earning R36.66 per hour. She is seeking compensation for unfair dismissal. 5. The respondent’s business falls under the retail sector. The stock control is a key to the company’s business, and takes zero tolerance to stock loss. According to the respondent, the applicant failed to follow company standard procedures during the week of 5-8 August 2013. In terms of the company policy gross negligence and refusal or failure to carry out lawful reasonable instructions is viewed a serious offence. 6. The applicant disputes that she refused to obey lawful and reasonable instructions. She also contends that her dismissal was substantively and procedural unfair. She said that she performed the work according to the instruction

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