Would i be able to legally dismiss this employee?
Good day,I own a fuel station. I have an employee who put petrol into a diesel vehicle via his negligence. He is actually employed as a shop merchandiser but due to some staff shortages, 2 weeks ago i asked him if he would be willing to help out at the pumps, which he agreed. He was a fuel attendant at his previous place of work, I then put him with an experienced attendant for 3 days for on-job refresher training. He after the training worked on his own with no problems until today where he made the gross negligent error. The company policy on fuel mixes are if found guilty in a disciplinary hearing, dismissal on first offence as Gross Negligence. Can i in this case still impose the company policy even though the employee is not permanent in that function and only working that side for a limited period.
Category: Labour and Employment, Dismissals
Region: South Africa, Western Cape
1 Answer
If he goes to the CCMA it will be regarded as an unfair dismissal. It was not within the scope of his employment and this is the first such incident, you say. Everybody deserves a second chance, and I will advice you give him one. A verbal or written warning should suffice.