BOOK NOW
Labour Law

The Alleged Unfair Dismissal of baby Krugers Nanny

By 27/05/2010 No Comments

In April we were shocked to hear that following an assault baby Kruger and the Nanny were hospitalized.

It appears that the Nanny allowed workers who had previously been employed at the Kruger property into the house without permission?

After her discharge from hospital  the Nanny was allegedly unfairly dismissed and referred the matter to the CCMA.

The alleged dismissal has sparked fierce debate with most of the pundits believing the dismissal to be fair.

Where a dismissal is referred to the CCMA, the onus is on the Employer is to establish that the dismissal was for a fair reason and in accordance with a fair procedure.  Failure on either  ground may  result in an award in favor of the employee of up to 12 months wages couple with possible reinstatement and back pay.

If the Nanny  was negligent/reckless in allowing in the intruders there is no doubt that there is a fair reason for termination.

If on the other hand, the employer consented or condoned  the Nanny having visitors  there is probably not a fair reason to dismiss.

The matter does not end there as a fair procedure must be followed prior to dismissal. Provided the Nanny was given a fair opportunity to respond to the allegations of misconduct the requirement of procedural fairness will be satisfied.

What then if the Krugers are unable to establish that the Nannie’s dismissal was procedurally and substantively fair, ought she to be awarded compensation and possibly be reinstated?

Not so, Section 193 of the Labour Relations Act requires the Arbitrator/Judge to exercise his/her discretion in making an award. Thus even if the Krugers fail to establish the the dismissal was fair, the Nanny may still leave empty handed and rightly so.

Ian Mc Laren

Ian Mc Laren

Ian Mc Laren

Ian McLaren BA LLB (WITS) General Educated St Johns College, Houghton. BA LLB University of the Witwatersrand 1984 Founded McLarens Attorneys September 1986. Right of Appearance High Court, October 1996. Expertise Litigation, Labour Law, Commercial Law, Family Law, Pension and Provident Funds, Customs and Excise, Wills, Deceased Estates, Trusts, Commercial Agreements, Reviewing and Drafting Government Legislation, Information Technology. Committees/ Trusts Law Society of South Africa Information Technology Committee. Trustee Verney College Educational Trust Other Transvaal Provincial colours for Practical Shooting. Third degree Black Belt JKS Karate. Photographer and motor cyclist Lectured for Continuing Legal Education on Information Technology issues.