Before i draw my analysis on de hearings of those s/stewards.One must understand if you have a Chairperson whos not ethical i mean is rare to win a case.The credentaily of the chairperson were even questionable despite of his loyality bcz it was clear where de loyality lays.So our hearings were sitted under those circumstances.Am talking about hearings who were done over night in our absence.After they fail to start early on de 17-September,they started at 13:00 hour.We suggested to them atleast on de 18-September lets start atleast 13:00h but bcz they have a aim,on de 18-Sept we started 16:30.So one case was actually not finished bcz metigating factors were not done on it at time 17:45 then they wanted to finished all de case.One must take into consideration even special court they consider transport and your safety.That chairperson shaffled de cases.Again after sitting our hearings on our absence they never give us time for mitigating factor after their findings.That chairperson was not a sober chairperson on a serious note.He then after a serious and a blindly decision of sanction us with Dismissals.Then one must read the reason for dismissalThese charges are taken very serious by the company.There was no remorse shown by the accused.The trust was between both parties has been broken and continued employment would be intolerable.They refer this on a hearing which was sitted on our absent on de 18-September 2014.This chairperson never surprised us bcz his baisness can be seen on a distance of analysis.Before i go to my conclusion let me highlight that preminary matter were raised to him but he just make note but not take it into considaration.Then as a shop-steward SCHEDULE(8) came into my mind number(7)Guidelines in cases of dismissal for misconduct:Any person who is determining whether a dismissal for misconduct is unfair should consider-(a) whether or not the employee contraved a rule or standard regulating conduct in,or relevance to,the work-place and(b)if a rule or standard was contravened,whether or not-(i)The rule was a valid or reasonable rule or standard,(ii)The employees was aware,or could reasonable be expected to have been aware,of the rule or standard,(iii)The rule or standard has been consistently applied by the employer,and(iv)Dismissal was an appropriated saction for the contravention of the rule or standard.Then again look on(4) fair procedure,(6)(1c)Whether or not the strike was in response to unjustified conduct by the employer.Lastly one must read 187.Automatical unfair dismissal on Labour Relations Act.But am sure justice will prevail at the end.Viva SACCAWU viva,ASIJIKI!!!...
Posted on: Fri, 26 Sep 2014 19:07:06 +0000
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