Whether the applicant’s dismissal letter had been given to him in an unprocedural manner: The applicant was aggrieved that he had been given the letter of dismissal outside his home by an employee who had been tasked to deliver it to him. It is not clear to me why this constitutes procedural unfairness, and as such I desist from making a finding. Whether there was a delay in informing the applicant of his dismissal: The chairperson stated that the applicant was told to liaise with one Blake Walker about the outcome of the hearing and had been given a date and time to do so. This evidence remained unchallenged during cross-examination. I therefore find that there was no delay in informing the applicant of his dismissal. I now proceed to deal with the substantive issues. The evidence and my findings thereon are as follows: Whether the applicant received any payment in return for facilitating the employment of any job applicant: I find that the applicant probably received payment from Vusinkosi and facilitated his employment for the following reasons: The applicant agreed during the pre-arb that the respondent’s Code of Ethics provides that one must act with disregard for any personal, ulterior or improper motive, such as personal gain; The applicant agreed during the pre-arb that he sits on the interview when job applicants are being interviewed for rigger vacancies. He agreed further that his assessment of the suitability of such applicants (technical or otherwise) carried greater weight than the others on the interview panel; Vusinkosi evidence on this was as follows: That he had previously worked for the same That he had been …………..at …………….site. retrenched and had called the applicant telephonically. During September or October 2014 he called the applicant and was advised that a rigger position was available and that he must come to Durban (from his home in Pretoria) with his CV. He emailed his CV to the applicant and handed to him a printed copy thereof in Durban. The applicant asked him for R4000. He advised him that he did not have cash with him. They arranged to meet at the Field St branch of Standard Bank where Vusinkosi drew the cash and handed it to the applicant. He was informally interviewed by the applicant. Vusinkosi then secured employment after the applicant took him to HR where the employment contract was signed. After a week the applicant
Whether the applicant’s dismissal letter had been given to him in an unprocedural manner: The applicant was aggrieved that he had been given the letter of dismissal outside his home by an employee who had been tasked to deliver it to him. It is not clear to me why this constitutes procedural unfairness, and as such I desist from making a finding. Whether there was a delay in informing the applicant of his dismissal: The chairperson stated that the applicant was told to liaise with one Blake Walker about the outcome of the hearing and had been given a date and time to do so. This evidence remained unchallenged during cross-examination. I therefore find that there was no delay in informing the applicant of his dismissal. I now proceed to deal with the substantive issues. The evidence and my findings thereon are as follows: Whether the applicant received any payment in return for facilitating the employment of any job applicant: I find that the applicant probably received payment from Vusinkosi and facilitated his employment for the following reasons: The applicant agreed during the pre-arb that the respondent’s Code of Ethics provides that one must act with disregard for any personal, ulterior or improper motive, such as personal gain; The applicant agreed during the pre-arb that he sits on the interview when job applicants are being interviewed for rigger vacancies. He agreed further that his assessment of the suitability of such applicants (technical or otherwise) carried greater weight than the others on the interview panel; Vusinkosi evidence on this was as follows: That he had previously worked for …………..at the same …………….site. That he had been retrenched and had called the applicant telephonically. During September or October 2014 he called the applicant and was advised that a rigger position was available and that he must come to Durban (from his home in Pretoria) with his CV. He emailed his CV to the applicant and handed to him a printed copy thereof in Durban. The applicant asked him for R4000. He advised him that he did not have cash with him. They arranged to meet at the Field St branch of Standard Bank where Vusinkosi drew the cash and handed it to the applicant. He was informally interviewed by the applicant. Vusinkosi then secured employment after the applicant took him to HR where the employment contract was signed. After a week the applicant
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