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Post Info TOPIC: Unfair Suspension - Charged now with Gross Negligence
Anonymous

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Unfair Suspension - Charged now with Gross Negligence
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What is the definition of Gross Negligence in the law?  The only information I have itr is found at Wikipedia under http://en.wikipedia.org/wiki/Gross_negligence.  But is this correct in refering to Labour Law in South Africa?

"Gross negligence is a legal concept which means serious carelessness. Negligence is the opposite of diligence, or being careful. The standard of ordinary negligence is what conduct one expects from the proverbial "reasonable person". By analogy, if somebody has been grossly negligent, that means they have fallen so far below the ordinary standard of care that one can expect, to warrant the label of being "gross". Prosser and Keetondescribe gross negligence as being "the want of even slight or scant care", and note it as having been described as a lack of care that even a careless person would use. They further note that while some jurisdictions equate gross negligence with recklessness in terms of culpability, most simply differentiate it from simple negligence in terms of degree.[1]"

How can one prove that I have committed Gross negligence in that I co-sign a wage cheques, which I have signed for thousands of employees over years of service and because the other co-signature is facing charges, they are now questioning the employment of this employee and now I am facing charges of Gross Negligence because I co-signed a cheques which is in dispute?  There are more than 80 employees with the same surname scattered all over the courtry of which I know non of them, however, the capturers received signed timesheets with correct documentation and processed it according to company procedures, yet because I co-signed it and an authorised co-signer, I am facing "Gross Negligence".  I already know the answer to this absurb charge, but just in case I think I'm too smart, can they sneakily come up with a sidewinder tactic to make the charge stick?

PS I have MANY years service and have hear that they are trying to find dirt on people that they don't want to retrenchment in order not to pay out retrenchment packages.  So, I would appreciate it if I could be aware of any underhanded tactics that they can use under "Gross Negligence" that I should be aware of to counter.

PSS If they don't get it right, the suspension is lifted and the charge is struck off, can the company either, A. bring new charges, or B. start the comtemplated retrenchment process?  What protection do I have when, and I say so with conviction, they fail with this bogus charge?  DE is shortly to happen.



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LP

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It would have the same definition. This is a pretty common charge when an employer wants to get rid of someone and it can be very hard to justify should the matter proceed to the CCMA. I suggest you approach the CCMA and refer a case of unlawful suspension to them.



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Anonymous

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I have MANY years service and have hear that they are trying to find dirt on people that they don't want to retrenchment in order not to pay out retrenchment packages 
negligence



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Anonymous

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Hi Anonymous,

What was the outcome of your charges. I too was charged with Gross Negligence, charges which I thought at the time would never get me fired, 12 years with company with good track record. The disciplinary process went through its motions and low and behold I was found guilty and subsequently dismissed. I appealed but the finding remained unchanged. I then referred my case to the CCMA, my referral was slightly late, a few days, I was asked to apply for condonation which I duly completed. A In-liming meeting was held which took all of 5 minutes, the Commissioner then told all parties that we would have a finding in 14 days. Unfortunately for me my application was dismissed. In the Commissioner's letter it became apparent that he based his ruling on incorrect facts and numbers. I am currently appealing the Commissioner's ruling at the Labour Court which means lawyers which means huge expenses. I don't know how it will end but I cannot just let it go as I know it was constructive dismissal.

 

Regards,

Understandably disgruntled ex-employee



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Anonymous

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Hi, I was also slapped with a gross negligence charge and must now attend a hearing. Your case sounds exactly like mine. I was blind-sided. 

Did you take the matter further and what was the outcome?



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