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"Demotion: Elvis Tshaki"

A hearty good morning to the Labour Law Experts.

First I would like to thank you for the wonderful services you provide to us, HR’s.

Since I bought this Labour Law for Managers Practical Handbook, I never lost one case at CCMA.

Let me tell my story. I am the HR /IR in this Company for the past year now. We are a Company doing conveyor belt splicing on the Platinum Mines here in Rustenburg.

Since I arrived here, I first check out the way how things were done here for (2) two weeks. I work with a Site Manager, Site Supervisor, Team leaders (Supervisors) and the splicers.
The first thing I saw here, was that the Site Manager didn’t perform as he should do, fitting his job description and what is expected from the Employer. He is “the MAN” here in this Company, VERY FULL of himself!
His Title sits in his head! Any stranger could see that from a distance! He started this Company and keep makes everyone aware of that!

The Site Supervisor, A VERY HARD WORKING PERSON, performs well all the way. He take this Company as if it is his own. He puts his targets higher than what’s expected from him! As a matter of the fact, he CARRIED this Company and provide the necessary income to do payroll, all the expenses and more. His diary is so full and thick of all the work he is doing and the things he should remember to do. A REAL example of a MANAGER according to me! He works according to the letter of the book. A very down to earth and humble guy. He knows his job very well and can answer to any question or situation. My office is an open door to this man. He reports throughout the day or if he needed something, he comes and ask. I can give feedback of Lucky any time of the day. He is transparent and eat, dream wake up and go to bed with only one Vision and Mission: Valotorque.

I discussed this matter with our Director about my findings of what I saw here. Daily, I have to phone the Site Manager to report back to me. Sometimes, he was not even around. I made appointments with him, that he not always attend.
When I asked him about the targets, he had a Million and a half stories to tell. I started thinking that his pre- occupied somewhere else! If things at the Mines went wrong at the Mines where he works, he is always delaying to go there. The Invoices that should be signed off by line management and then GRVD is NOT always done on time. He lied to the Foremen at the Mines with the quote, that he is on his way with that. There is always a delay in that! When they phoned our offices, the ladies doesn’t want to lie and hand him the phones. Some of them don’t want to work with him anymore. I have to call him to do his work. The targets set for him, he NEVER reached. He didn’t DO of what is expected from him! When we had our monthly staff meeting in February, he was crucified by the staff. They want answers, of why they couldn’t get increases, and Christmas bonuses etc. He HAD an answer for all, but NONE of the financial strain, the Company suffer was his problem or to his fault. If I asked the daily and weekly reports, he had stories of WHY he couldn’t provide me with that reports, and also WHY he didn’t perform well. He wants everyone to report back to him, the Site Manager, but he doesn’t want to report to me. I have to report back to our Director.

We (Our Labour Consultant and I) had meetings with him, that later escalated to two different hearings. We had a Performance Management Procedure where we guide him, give training, and we stipulated his job description again. We also explained to him what is expected from him. We assist where ever we could.

The proper procedure for the Hearing for poor performance was followed. On Friday, I phoned him (from the landline, my cellphone and send an email and smses) to come and sign for the notification for the Poor Performance Review, he didn’t
answer his phones or reply at all. On Saturday, I phoned and sms him again, only for him to phone me back much later with a very bad attitude! He dropped the phone in my ear and claimed now that his airtime run out. He always had million excuses for his wrong doings!

On Monday, when the performance review should started, he was nowhere to found. I asked around and only the 3rd person told me he went to the Mine. Previously we both were in the Directors office and he never said a word. He was avoiding me! When he arrived half an hour later at the boardroom, with a very bad attitude, we asked why didn’t he tell me, the HR, that he has to go to the Mine? I could have postponed the hearing until he came back. He asked “Who is she (HR) to call him to this hearing?” He also said that he didn’t take any orders as from now on from me! I felt that his was Insubordination - refuse to come to the hearing in the first place. Secondly his very bad attitude was NOT accepted. He insist of having the hearing and I said Under NO circumstances! He has to cool down and we postponed the hearing for seven working days. He REFUSES come and SIGN for the notification for the next hearing. His words” I don’t take any orders from her( referring to me, the HR) or sign for anything if the director didn’t say he should sign! Since Monday, he ignored me flat. I get the messages that the meetings from yesterday was postponed from colleagues.

We just had an informal meeting in my office behind closed doors. HE wanted to see me. His ATTITUDE is still a big problem. He started this Company with the Director, and HE is second in charge. Why should he report back to me? This Man dishonor me as an HR. He still refuses to sign the letter to be suspended. I told him, you made this “baby” (THE COMPANY, Valotorque) now you must feed the baby to grow and NOT abandoned it.

Out of All of this, he DIDN’T MEET the DUTIES of his JOB DESCRIPTION. He didn’t DELIVER of what the Employer expected from him! He FAILED the Employer and his colleagues! For nine (9) months, we paid him his salary of R20 000.00 every month. After all these 9 months, his input to the Company was only R100 000.00 I want to DEMOTE him due to his POOR PERFORMANCE!

Mr Elvis Tshaki refused to be demoted. He also said he can’t be suspended.

Please find attached all documents as proof of my REASON to DEMOTE him.

(Please take Note: I work accordingly the BCEA, Company Policies and Procedures and I Use My Labour Law for Managers)

Please advise accordingly.

Added to
  • CCMA
  • Demotion

 User  helena asked at 21 Jun. 2017


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