Nic Dlamini's arm broken by Table Mountain rangers

[Andymann]

 

Dismissals for misconduct

 

(4)     Generally, it is not appropriate to dismiss an employee for a first offense, except if the misconduct is serious and of such gravity that it makes a continued employment relationship intolerable. Examples of serious misconduct, subject to the rule that each case should be judged on its merits, are gross dishonesty or willful damage to the property of the employer, willful endangering of the safety of others physical assault on the employer, a fellow employee, client or customer and gross insubordination.

 

 

Correct - should have mentioned he was on a Comprehensive Final Written warning for Gross Insubordination - so it should have been a slam-dunk.  

 

 

In another case, we had and employee who had served a prison sentence for attempted murder.  He was out on parole and got into a fight with another employee and threatened him with a hammer.  We dismissed him too and he went to the CCMA where we also lost and had to re-employ him.  We did appeal that one though so it's ongoing....

 

Anyway, point is that if SANParks don't have their ducks in a row, they are going to have lots of meetings at the CCMA

[eddy]

Dismissing someone for poor performance is a mission - practically impossible.

 

The onerous nature of the procedure and the demands on the time and effort of the manager and the organisation makes the candle not worth the wick.

 

 

On the other hand, dismissal for misconduct is relatively easy if there is proof of said misconduct, even easier if there is a disciplinary code in place.

 

Not so fast. This may be so for a worker who hits his foreman but we have seen many cases in our SOEs where senior executives have been directly implicated in corruption, living far beyond their means and even having their corrupters found liable in civil suits (*), and are still employed as they avail themselves of the protections offered by the LRA.

 

(*) Refer the case reported on the front page of the City Press about three weeks ago where a "consulting firm" has been ordered by the high court to repay proceeds from a corrupt contract where the Transnet official who earned about R2m p/a dropped R7m cash on a stand in Steyn City and bought a Maserati in the weeks after the contract was concluded, was directly implicated

 

The official's response, "I have already been acquitted of the allegations during a disciplinary hearing, so I am staying put".

 

 

And herein lies the danger for our democracy.

 

For a decade crooked people have employed crooked subordinates. So what happens if you even manage to rid yourself of those at the top ? Their spirit lives on. Look at what the NDPP is having to deal with.

 

The public protector may well be removed from office in 2020 but she is openly purging the top ranks and replacing them with her allies. Even if an honest successor is appointed, these people will be in place and unmovable.

[LeoKnight]

This thread has really got some proper development going, it has evolved in so many different aspects (including labor law). 

 

Any update on Nic as yet?

[scotty]

SA has some of the best LR protection laws, even police officers who have been convicted of serious offences still hold their positions.

 

A whopping 4,174 members of the police have criminal records, for a variety of crimes such as assault, theft, kidnapping and fraud.

This was revealed in a parliamentary reply by police minister Bheki Cele, who also told parliament that among them were 32 senior managers who had convictions for crimes such as fraud, public violence and assault.

Among the rank and file of the SAPS were officers convicted for assault, theft, kidnapping and murder. In his written response, Cele did not comment specifically on murders but their existence emerged in the statistical tables attached to his response.

He was responding to parliamentary questions from DA MP Dianne Kohler Barnard who asked about the number of employees at senior management level who had criminal records. In another question she asked for numbers and a breakdown of all the types of crimes that SAPS members were convicted of.

Of the 32 senior managers, three were convicted for offences relating to the contravention of the Arms and Ammunition Act and the Firearms Control Act and 19 for contravening road traffic legislation. Three were convicted of contravening internal security legislation, seven had common law-related offences such as fraud, public violence, contempt of court, malicious damage to property and assault respectively and one member had an offence related to the contravention of liquor legislation - over and above a traffic offence.

[Irishj9]

I ride with an amateur Irish team, essentially a club team, albeit a fairly high profile one.

 

Its been made VERY clear to me and my teammates that wearing the Team Jersey carries with it a responsibility to beheave in a manner which ALWAYS reflects well on the Teams excellent reputation for friendliness and fun.

 

No member of my team would have caused this this situation, then chirped at officials to escalate it.

 

I would have imagined higher standards applied to Pro teams

Edited January 3, 2020 by Irishj9

[sawystertrance]

Scotty: Truly shocking. A society can't survive that

[Slowbee]

I ride with an amateur Irish team, essentially a club team, albeit a fairly high profile one.

 

Its been made VERY clear to me and my teammates that wearing the Team Jersey carries with it a responsibility to beheave in a manner which ALWAYS reflects well on the Teams excellent reputation for friendliness and fun.

 

No member of my team would have caused this this situation, then chirped at officials to escalate it.

 

I would have imagined higher standards applied to Pro teams

Much respect !

[River Rat]

I ride with an amateur Irish team, essentially a club team, albeit a fairly high profile one.

 

Its been made VERY clear to me and my teammates that wearing the Team Jersey carries with it a responsibility to beheave in a manner which ALWAYS reflects well on the Teams excellent reputation for friendliness and fun.

 

No member of my team would have caused this this situation, then chirped at officials to escalate it.

 

I would have imagined higher standards applied to Pro teams

I would suggest that you will most likely find a clause in a Pros contract enforcing this type of behaviour, I not sure if the penalty for non compliance is a broken arm though.

[The Ouzo]

I would suggest that you will most likely find a clause in a Pros contract enforcing this type of behaviour, I not sure if the penalty for non compliance is a broken arm though.

As with most companies/teams/clubs, there is usually a clause somewhere that states you should always be upholding the organisations values and representing them in the best possible way.

[Long Wheel Base]

As with most companies/teams/clubs, there is usually a clause somewhere that states you should always be upholding the organisations values and representing them in the best possible way.

A mate of mine is a rep for a pharmaceutical company. His car has their name ALL over it. He recently was given a promotion of sorts that allows him to drive an unbranded car. I had to laugh at him as he was over the moon with this "promotion". Salary stayed the same, job title and description stayed the same, literally the only thing that changed was the car he drove was unbranded. He said driving the branded car was so difficult because you can't do anything on the roads without a complaint being laid with the company and he said the company took complaints very seriously and depending on the nature there had been people disciplined and even fired. 

[Patchelicious]

As with most companies/teams/clubs, there is usually a clause somewhere that states you should always be upholding the organisations values and representing them in the best possible way.

Unfortunately, social media outrage trumps contracts.

[SwissVan]

I ride with an amateur Irish team, essentially a club team, albeit a fairly high profile one.

 

Its been made VERY clear to me and my teammates that wearing the Team Jersey carries with it a responsibility to beheave in a manner which ALWAYS reflects well on the Teams excellent reputation for friendliness and fun.

 

No member of my team would have caused this this situation, then chirped at officials to escalate it.

 

I would have imagined higher standards applied to Pro teams

Hey Irish ☘️ good to see you still hubbing ????

[Plentipotential]

Aspect 1 is pure speculation on your part. There is no way to know he could have avoided the run in with the rangers.

the manner in which it was reported that he had been brought down suggests that he was targeted. If he was trying to escape then surely he would be skilled enough to spot the ambush since when you know you're in the wrong you are on the lookout for those who want to bring you to book.

It stands to reason then that the eyewitness account suggests that he was

1. Taken by surprise

2. In shock which is normal for an accident

3. Then gets boytjied for whatever reason.

4. Gets robustly assaulted and arm broken.

5. Eyewitness gets intimidated and threatened.

At each juncture the rangers had more opportunity to engineer a different outcome but didn't..... All for R90 single use permit for access to a public park.

So Dlamini has put his entire year at risk all for R 90.00?

[eddy]

So Dlamini has put his entire year at risk all for R 90.00?

Do we know that the doesn't have an annual permit but didn't have it on him ?

[Eddy Gordo]

Even a pic of said permit will do

[Kranswurm]

Even a pic of said permit will do

Lol