| Summary |
UNJUSTIFIED DISMISSAL - RAISING PERSONAL GRIEVANCE - Applicant claimed unjustifiably dismissed - Respondent claimed applicant abandoned employment and personal grievance not raised within time - Applicant charged with criminal offence and granted bail - Applicant’s co-worker (“E”) received call from production supervisor (“PS”) - E believed PS told him applicant had been replaced and so informed applicant had been dismissed - Applicant then moved to another city as part of bail conditions - After numerous attempts applicant successful in contacting PS - Applicant raised issue of dismissal and claimed PS confirmed job had gone - Applicant claimed telephone call raised personal grievance - One year after alleged dismissal, having been acquitted, applicant sought to raise personal grievance - PS no longer at respondent and respondent had no record of personal grievance - Respondent argued PS had no authority to dismiss and applicant’s employment records showed file still open - E credible witness, and no reason to believe lied about telephone conversation with PS - Authority found was telephone conversation between E and PS which resulted in E believing applicant had been dismissed - Possible E misunderstood nature of conversation - Authority accepted respondent’s submission that purpose of PS’s call was to establish E’s whereabouts - More likely PS mentioned applicant in passing conveying that job being covered in meantime rather than was dismissed - Authority found applicant not dismissed by PS in telephone conversation with E - No personal grievance - Found had there been a dismissal, conversation between applicant and PS sufficient to raise personal grievance - Authority satisfied employment agreement ended through frustration when applicant bailed to another city as bail conditions made it impossible for applicant to perform job - Halal slaughterman |