I am seeking advice on a difficult situation. I employed a sales consultant/key accounts manager to manage my existing clients and grow the business. I provided the employee with all the tools to perform his job. Car, laptop, fuel and what ever other tools he needed. All the existing clients was my clients and he had to visit 5 new clients a day. I could not be at the business as I had other commitments. The employee was employed on a 3 month probation period to evaluate how he performs. For the first week he performed well but from the second week, he started shirking his duties. Only sitting in the office and chatting with his friends on email. He was employed to work on a Saturday but never showed and when I called he never answered.
After training him on sales skills, I told him to put a sales plan together but he never did. When I inquired about the sales he said he cant do anything as client dont want to buy. After the 3rd serious talk of what he needs to do and after advising him he never made any sales in 2 months, I decided that he is costing me money.
I've had clients complain that he stole their money and he also stole money from me on 2 occasions. One of which I have video footage and I have video footage with a date and time stamp that I can reference with Telkom to prove that he used the company resourscesto sit on the phone with his wife hours, pushing our Telkom bill from R1700 average per month to R3200 ave per month.
He is now taking me to the CCMA for an unfair dismissal. After speaking to CCMA consultant, I feel even more nervous as the CCMA consultant seems to revel in the fact that I'm being taken to CCMA.
I am really worried as I've never been in this situation. What would be the best approach to the meeting/hearing and what rights do I have?
Firstly it depend on how the employee was dismissed or how you let him go. Thereafter we need to evaluate merits and see for what the employee took you to the ccma. You need to bear in mind that the new ccma rules make provision for costs thus meaning the employee can argue costs. It seems that you have valid reasons but the procedure are of importance here. When is the case presenting itself in the ccma? Rautenbach & Associates