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Clientèle Legal

Conduct yourself properly after dismissal

“There is no need for this drama. This is not Hollywood.” Police Minister Fikile Mbalula declared after fired Hawks boss, Berning Ntlemeza showed up for work despite being fired, taking a work car and a cellphone as well.Mbalula said he would issue a warrant of arrest if Ntlemeza did not return the car and cellphone.

The Police Minister has a good point. Real life is not like Hollywood and how you conduct yourself during any process of dismissal can harm your future chances of getting work or negotiating the best settlement you can.

It is your right as an employee to be paid any outstanding amounts owing to you, but you cannot take company property, eg: a car and cellphone, if you are not happy with the outcome.Negotiations must be done properly.

Your Clientèle Legal lawyer can be great professional support during this time.

You must make sure you receive your UIF forms and paperwork relating to your pension fund.The employer must also provide you with a certificate of service that sets out the starting and termination dates of your employment, a brief description of the work you did and how much you were being paid.

When you are dismissed, you must make sure you adhere to any confidentiality or other agreements you might have signed while employed.

If you feel the dismissal was unfair, you have 30days to refer the matter to the CCMA/Bargaining Council. At conciliation, the commissioner at the CCMA/Bargaining Council will try to get the matter settled between the parties. If that does not work, the matter can proceed to arbitration and even, the Labour Court. Avoid it going that far by playing and working fair.