KEY POINTS
- The CCMA determined an improper dismissal of Mchunu thus granting him 12 months of compensation.
- Both the Indian Consulate and its workers neglected to conduct proper investigations or schedules hearings before dismissing employees.
- The court granted compensation because Mchunu served his position for nearly 19 years without sufficient reason for firing him.
Siphiwe Mchunu received a CCMA decision stating his 58-year-old position as Consulate General of India in Durban clerk for almost 19 years was terminated unfairly.
Mchunu submitted his case to the CCMA in April 2024 after his termination as a clerk because he believed both the dismissal process and the reason for termination were unfair.
CCMA rules unfair dismissal and lack of investigation
The Consulate General of India interrogated Mchunu about his personal matters by asking how his son obtained a job in China before dismissing him. The authorities took Mchunu’s mobile phone and kept him in detention until past evening hours before freeing him without his belongings.
He received his dismissal letter after receiving his termination the day following through paragraph 13 of his labor contract which provided one-month notice to the consulate for employee termination.
CCMA rules in Mchunu’s favour, the CCMA decision pointed out that the employee lacked both a fair investigative process and any hearing prior to his termination.
The Labour Relations Act mandates that dismissal procedures should begin with employee notification about the charges and provide them the chance to present their defense. Mchunu failed to receive proper notification and response opportunities so the termination proved both procedurally and substantively unfair according to labor law standards.
Legal ruling on unfair practices
Commissioner Joyce Nkopane of the CCMA found Mchunu’s termination was contrary to his basic right of fair employer relations under the Constitution. According to Mchunu’s assessment employers cannot excuse themselves from following the provisions of the LRA.
A law-breaking dismissal occurred because the consulate neglected to investigate properly and denied Mchunu his right of defense.
Mchunu received 12 months’ pay compensation based on his termination wages because he devoted almost 19 years to the consulate and they failed to establish valid dismissal grounds.
