Ask an expert

16 Aug

Good day, I've been working for a company in a month to month contract basis as a casual worker, and was dismissed because I was unable to make arrangements to get towork on a short notice after missing the work transport. Is this legal, it was my first offense, no warning was given. And if it is legal, can I claim UIF as I only worked a Month and a few days.
Labour lawyer

18 Aug

Good day, 

If you have been working on a month to month basis then you are an employee and entitled to all the rights as contained in the Basic Conditions of Employment Act and the Labour Relations Act. If they are going to dismiss you they need to send you a notification to appear at a disciplinary enquiry with a full outline as to what you have done wrong and you are entitled to defend yourself and bring witnesses if you so wish. If they haven't followed the process then the dismissal would be unfair. 

Normally in terms of their disciplinary code one would expect that a late coming would warrant a warning but if you missed a day without telling them that could possibly result in a dismissal. 

Best regards
Michael Bagraim      
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