Question:

I am currently employed in a call centre environment as an administrative consultant in the insurance industry. I have recently for the first time encountered a labour dispute and I urgently require advice. On the 15th of September 2009 i received a “FINAL WRITTEN WARNING”, which alleged that i was “abandoning incoming telephone calls”.

As per the company’s service charter and group policies it is serious offence as this is part of my main job function. This warning was issued to each member of the team, with a total of seven employees. At this point I signed and accepted the warning without protest along with everyone else. On the 29 of September 2009 I was called in to a meeting individually with my manager as well as another manager and was issued with “A NOTICE OF SUSPENSION AND TO ATTEND A DISCIPLINARY HEARING”.

I am currently on suspension with pay pending the outcome of the disciplinary hearing which is scheduled for 06th of October 2009. I have on several occasions reported telephonic system problems which prohibited me from answering an incoming call directly to my manager.

This was done openly and in the presence of other employees. I have also raised and described this issue in a departmental meeting which took place on the 29th of October 2009 (prior to my suspension). Other employees have also experienced the same technical problems and have also raised this issue.

During the meeting when i received the “notice of suspension” I advised my manager that I have been keeping records of dates and times when i have experienced these problems, I further urged her to investigate this matter before taking this drastic step. My request was denied and i was advised that I will be given the opportunity to provide my evidence in my hearing. Kindly advise me as to my way forward as it is my understanding that I am not entitled to legal representation and I will have defend this by myself.

Answer:

Quite correctly, no person is permitted legal representation in internal company matters, you may however be represented by a fellow employee. All disciplinary cases depend on evidence, so the stronger evidence you have showing technical problems, and the reporting of such, will make it more difficult for the company to prove willful intent.

I suggest that you call as many fellow employees as witnesses to testify to this, which is your right. If your evidence is strong, and they still dismiss you, you will have a stronger case at the CCMA for unfair dismissal. As I read this, you are already on a final warning and I believe that you will be dismissed regardless. There is obviously a hidden agenda.

Helpful Resources … Dig Deep