I was called to a disciplinary hearing with regards to Unauthorised use of company credit card. Only given 2 days to prepare. At hearing (Wednesday 14th Dec 2011), I asked for a breakdown of the alledged expenses but was asked "why do you want that" I have since been dismissed (today wednesday 21 Dec 2011) I was handed a payslip where my entire salary has been withheld including all leave pay due to me to cover a staff loan, which I do not dispute, and also an amount relating to the company credit card. I again asked for a breakdown and the issue has been side stepped. I also queried as to why my provident fund had not been paid out and was told that they still have to pay my provident fund in January which is why it has not been done.
Firstly, If this is my first offence, Can they dismiss me without a warning? I have looked over my employment contract and it does not state any reasons for dismissal.
Secondly, can they withhold the information regarding the deduction from my final salary of the CC expenses.
Thirdly, what are my legal rights with regards to my provident fund?
48 hours is usaully considered as sufficient in preparing for a disciplinary hearing.
If an offence is serious enough, you can be summarily dismissed. Unathourised use of a company credit card would probably qualify in this case.
They cannot withhold information regarding the deductions from your salary and in all likelyhood thos deductions were unlawful.
They cannot deduct or withhold your provident fund unless you have agreed to that in writing. Get hold of the fund administartor who will be able to help.