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I will try keep this as short as possible:
We have a staff member who holds a managerial position in our very small company. She needed a days leave on a day that we really could not give her due to a very important meeting we had with a client and we had no one to cover for her. She took the day off anyway, without advising any further after we had told her we unfortunately couldn't make alternative plans and give her the day off. On her return the next day we told her we believed she was in court but asked her for the proof that she had been there for our records and also a copy of the "notice to appear in court" (as we cant believe she was only given48hours notice to appear). On asking for these she started getting very aggressive, shouting at us telling us that we were calling her a liar. We remained calm and tried to explain that we did not want her to take more time off work, and there fore not go back to court to get a note saying she was there, but asked her to get her lawyer to at least email a copy of the "notice to appear" ... she just continued yelling at us, not giving us a word in edgewise, saying that we were calling her a liar and then stormed out of our office. (She did advise us that she has told the court that she does not have a job, which i think is what added to her aggressiveness). After a few minutes I went to find her and asked her to please come back to the office to discuss things calmly once she had calmed down. Yet again she yelled and shouted at me, saying she refused to come to the office, she was very rude, aggressive and disrespectful. She then stormed off the premises and has not returned at all to her post. On 4/8/17 she emailed a note from court saying she had been there on the 2/8/17 but still not a copy of the "notice to appear". She has still not indicated whether she will indeed be returning to her job or not. She has now been absent without permission for 4 days, (today if she doesn't arrive will be the 5th day). 1 of these days was the day in court, the 2nd was the day that she stormed out about 45min into her working day.

We have relied on this staff member as she is our only manager on duty on a Weekend, and also manages on the days that we have to be at outside meetings.

I have drawn up a notice of disciplinary inquiry to be held on friday 11/8/17, but as she has not returned to work I have not been able to give it to her. Am I allowed to email this to her?
Also, due to her gross insubordination (extreme rudeness, disrespect, etc. ) would it be within my rites to dismiss her?

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  • Dismissals

 User  CODee asked at 06 Aug. 2017


1 answer

 User Helen answered to question to 08 Aug. 2017
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Good day

With reference to the above rather reschedule the disciplinary inquiry for Monday, 14 August 2017 or Tuesday, 15 August 2017 in order to provide sufficient time to hand the notice to her and that she has sufficient time to prepare for the inquiry.

You can hand deliver it to her house by latest Thursday morning and send it to her per email. If you cannot hand deliver send it per WhatsApp in order to ensure that she receive the notice. Also ensure that the charges are formulated correctly in this matter.

Preferably use a independent chairperson in this case.

Should you require more information please you can contact me per email on

Helen Robb Nel
Malaika Human Capital Consultants

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