Woman goes to CCMA after being fired for not keeping up to workload and deadlines. Image: Hrtoolkit
Woman fired at work for not coping with the workload
A company is required to reimburse one of its employees for two months’ worth of wages after she was fired due to subpar work.
Woman goes to CCMA after being fired for not keeping up to workload and deadlines. Image: Hrtoolkit
The woman started working for the company in March 2021 as a brand manager, receiving a monthly salary of R59,500, before she was fired.
Her disciplinary hearing on three claims of misconduct was announced to her eleven months later. She lost her job after being found guilty of willful misconduct.
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The employee felt her termination was unfair and turned to the CCMA.
She said that it was not a matter of not wanting to do her job, but rather a genuine struggle to meet the obligations and an inability to manage what was required of her.
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The employer stated that a different worker who was hired at the same time as the complainant in this instance performed excellently.
What did the CCMA commissioner say?
However, the CCMA commissioner claimed that one person may cope with everyday obstacles better than another.
IOL reported, the commissioner criticized the company for dismissing the employee rather than providing her with more training in her area of expertise because she was upsetting management by performing her duties poorly.
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There is a distinction between dismissals for misconduct and those for incapacity as a result of subpar performance, according to commissioner Winnie Everett.
The explanation is that wrongdoing is more “blameworthy” than incapacity brought on by poor performance.
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In contrast to “I won’t” or “I don’t care to,” she remarked, “it comes down to an issue of ‘I can’t.
What was the conclusion for the woman fired?
She claimed that although the employee made an effort, she acknowledged that she was having difficulty with her work. But she refused to accept the charge that she had broken the law.
She came to the conclusion that the solution was not to just fire her but to provide her with further training.
The company was ordered to pay the woman her two month’s salary for unfair dismissal.
