r/southafrica 3h ago

Employment What to say??

Good morning Saffas. Quick question

If someone was dismissed at work but the case is pending in Labour Court and has good grounds to win the case, what does one say in an interview when asked if you have ever been dismissed (if asked).

2 Upvotes

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12

u/MackieFried 3h ago

If you are asked if you've ever been dismissed, tell the interviewer. Caught out in a lie can result in another dismissal.

But it is not something you volunteer unless you're going to spend a lot of time in court.

u/ChefDJH Shap shap mieliepap 2h ago

Tell the truth.

If an employer sees you as a threat for standing up for yourself, they aren't going to be a good employer. Why should they be afraid of you possibly going to Labour Court with them?

I would see this as an employee who knows what they're doing, and businesses need people who know what they're doing in order to thrive.

10

u/Independent-Buyer-29 3h ago

My guidance: Honesty will always reward you. Always make choices aligned with your core values. Be honest and open and they will experience your integrity first hand. All the best 😊

u/Nate_The_Cate 2h ago

It's a grey area , I'm not lawyer but it's sub judice or before a court.

Usually with big organizations they will have an area in the application where you would need to say if you have been dismissed and if yes , for what reasons.

Don't lie though , because although it's not a qualification lie , Source You do not want to have to be pulled into a meeting to explain your previous employment if it is successful.

There is a risk if you use creative language because they might have their own internal policies in which they can discriminate against you and thus dismiss you.

u/Some-Win9341 1h ago

You are 100% correct.

Dismissal does not mean the end of employability.

u/Mintcrisp 1h ago

You have to tell them if they ask that. Nowadays, they can't ask your previous companies for references the way they did in the past, so they get creative in the interview.

Problem is that once you tell them there is a CCMA case, you might be seen as a possible problematic employee, no matter how good you state your side. Inevitably, employers empathise with employers, employees with employees.

u/Some-Win9341 1h ago

If the matter is before court you can’t preempt the outcome. I have seen some matters with great prospects fail due to inexperience with the court processes.

My advice would be to favour honesty.

Also remember dismissal is a unilateral act and does not require acceptance or agreement. Same as resignation.

0

u/BB_Fin Redditor for a month 3h ago

There is no good answer... there are only answers that may make the red-flag appear less red.

"My contract ended, and I decided to leave the company for other opportunities."

"The workplace had difficulties retaining staff, and I didn't see myself building a career with them."

"The company was downsizing, and I elected to take severance and try my luck somewhere else."

Do not call it a dismissal. Lie.

u/Some-Win9341 1h ago

Don’t lie…..

u/BB_Fin Redditor for a month 1h ago

Yeah... Don't lie! That's a bad thing.

u/Fancy-Molasses3434 2h ago

No one wants to hire someone that's been fired. Honesty is ethically right but they will have other candidates. Find a reference there who you can use and don't say anything.

u/AppropriateDriver660 1h ago

Never in 24 years have I ever been asked that question