Dismissed without Proper Proceduce.
My Husband is an Estate Agent.
On Friday morning he recieved a phonecall from his boss, telling him not to come back to work as he has been doing deals behind his back. Needless to say this is not true. He has not recieved any warning letters or ever had a hearing. They will make this an excuse not to pay him his commission.
This happens all the time in South African Estate Agencies. In 2012 one agency took him and for R100 000 when we resigned. Another took my commission to pay hubands supposed debt to them of R200, We are married ANC. We need an organization that just fights these cases on behalf of Estate Agents. They will be extreamy busy, and agents could pay them a yearly membership fee. Food for thought, I thought I would just put that out there. Who knows you may be the Estate Agents hope, and you make a lot of money.
For dismissal to be fair, it has to be procedurally and substantively fair. By virtue of the fact your husband’s employer did not institute a disciplinary hearing prior to his dismissal defeats the procedural requirement. Our court has heard in Linda Erasmus that estate agent is an employee in terms of Section 213 of the Labour Relations Act. Your husband can challenge the dismissal at the CCMA.