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Post Info TOPIC: Final Written Warning AND Acknowledgemnt of Debt
Anonymous

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Final Written Warning AND Acknowledgemnt of Debt
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Hi,

 

1. Can I be issued a final written warning AND an acknowledgment of debt ?

2. Can I be issued a Final written warning AND an acknowledgment of debt for something that happened in 8 months ago and that I was already verbally warned for at that time ?



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Labour Protect

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Good day 

1. The employer is able to issue you a final written warning at any time. A written warning is a form of disciplinary action, it is my opinion that it is not used as a form of punishment but rather a procedure to correct the employees behavior within the work place. That being said an employer will have to list the potential offences and prohibited acts within what is called the company policy. The employer upon contracting with the employee should notify the employee that such a policy exists, the responsibility is on the employee to read through and become familiar with the said policy.

2. The employer cannot reasonably expect an employee to sign an acknowledgement of debt. The employer cannot use undue influence and threat of sanction/ disciplinary hearing to force an employee to sign such acknowledgement. The employer should first under go a formal investigation in order to assess the liability of the employee as well as the quantum in which the company truly suffered. According to the basic employment conditions act a deduction can only be made if the employer can prove they have suffered damage/harm by the negligence of the employee. A deduction should not be seen as a form of punishment by the employer but rather as a reverting the employer to his original position before such a loss occurred. If you are working in a sector in which there is a collective agreement on such a topic it should be used as a source of authority. 

3. The employer may deduct at any time once damage has been proven from the employee. It is important the employer undergoes a formal investigation and makes the employee aware of such findings. This can be done by way of a disciplinary hearing however the employer should stick strictly to the findings of the investigation and not stray from the topic. If the employer has not followed this procedure and the employee has requested such finding then the employee should lodge a claim with the CCMA and base it on an unfair labour practice. The employer opens himself up to liability if he has not conducted such an investigation and is using disciplinary procedures to force the employee to sign acknowledgment of debts. 



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Anonymous

Date:
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Hi,I was given written warning n finalwritten warning at the same day n the nextday I was also given another one all for my late coming which I refuse to sign,.n I haven taken to the hearing ,what are my rights there,n which advice should I have in this case?

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