Question: Discuss the process that will be followed after Frank Bailey file an unfair dismissal dispute. Also provide a diagram to clarify the discussion. Misconduct Dismissal
Discuss the process that will be followed after Frank Bailey file an unfair dismissal dispute. Also provide a diagram to clarify the discussion.
Misconduct Dismissal Dispute: Frank Bailey started working for UberBro as its General Manager responsible for South Africa operations on 18 May 2016. He went to Germany for training, where he spent an extensive period of time with his superior who is based there, Mr Gunter Weber. He stayed in the Adama Hotel in Nuremberg. Within a week of his arrival, Weber dismissed Bailey after he had left his hotel room in a chaotic state, including leaving cigarette burn marks on the furniture of the non-smoking room; and allegations of sexual harassment by a cleaning woman. He left the hotel by a back entrance without settling his bill for extras such as extensive (and expensive) telephone calls. He returned to the airport, returning a rental car (paid for by the company) without notifying the car rental company of damage he caused to the car by bumping into a column in the hotel parking garage, and without returning one of two GPS devices. It also transpired that he was driving the rental car without a driver's license. Upon his return to South Africa, the company sent Bailey a notice to attend a disciplinary hearing on 13 June 2016. It also informed him that he was suspended pending the hearing. He attended the hearing. An independent chairperson presided. The allegations of misconduct levelled against him were: Hotel room damages caused amounting to R9000.00 Additional private costs at hotel (laundry, telephone, food and beverages) amounting to R4000.00 Rental car damage caused amounting to R3000-00 Failing to return navigational system amounting to R2000-00. At the disciplinary hearing the company presented evidence by way of documentation and statements. No company witnesses gave direct evidence about the misconduct complained of. Bailey testified in his own defence. He did not dispute the damage to the hotel room, but claimed that a burglar - who stole nothing - may have caused the burn marks. He confirmed that he did not check out and that he left the hotel through the basement The chairperson, Ms Brenda Molopo (an independent consultant), gave the parties her findings on 20 June 2016. She found that Bailey did commit the misconduct complained of. The company dismissed him. Bailey referred an unfair dismissal dispute to the CCMA
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