- To
-
Michael Bagraim
- From
-
Loyal Employee
- Subject
- Unfair Treatment at Work
- Date
- Oct. 14, 2021, 3:46 p.m.
Firstly, I was accused as the "Head of Department" of Tender fraud by receiving bribes from a Contractor working at the same mine.
I was a Mine Overseer in Mining, but was then moved to another section in the mining department. I was there for only one month and I had no knowledge and zero exerience regarding the Tender board procedures and I was still in the hand over processes in the new section. I had nothing to do with buyers or procurement or the Tender board.
When the investigator could not find any proof that I received bribes or went on expensive all expenses paid trips and then when he found out who the real HOD was (because he told me that I should know what is going on in my section as HOD), I was then suddenly accused and charged with dishonesty, being negligent and non-compliance of Tender board Policies and Procedures. The real HOD (my HOD) was not charged or investigated.
I was approached by my Shiftboss the late afternoon of 31 October to "stand in" and not "present anything" on his behalf at 07h30 the next day, 1 November at the Tender Board to hear if the payment of a quotation will be approved by the tender board.
"I was then fired with no evidence against me".
My line manager and my HOD both told the investigator that I was innocent in all the alligations against me, but the Finance Manager felt that I mislead the Tender board and accused me of dishonesty and ordered an investigation by the Security department.
My union representative at the mine (a colleague with no law experience like all of us working at the mine) assisted me (according to the Disciplinary Policy) with the Disciplinary and Appeal Hearings which were not successfull (as with at least 7 employees before me in the past 6 years of us working there and all of us were members of the same Union). The union Litigant then assisted me with the Arbitration case at the CCMA, which we lost again and when I insisted to proceed to the Labour Court, I was was told by my Union that it will not be possible (I was and still am a member of the same union for more than 12 years).
We then went to a private Law firm for assistance and information on how to go forward with my case. We were told that too much time has passed to go to the Labour Court and that we had to apply for something else and it will cost thousands of rands to get an Advocate and if we lose again, we wil have to pay all costs of both parties.
I eventially got a job in the Free State with half my salary and my wife still works and resides in the Northern Cape with the same company and now also with half her salary, because she now have to pay the house rent (company housing) and utilities and both our medical aids, because I dont get any benifits where I am currently employed.
My wife went to my HOD and the GM on my behalf to try to get them to re-assess my case, but to no avail.
All my colleagues and my crew told management that they stood behind me, because I am innocent, but nothing helped. Nobody would listen even when we gave proof of my innocence. It was like nobody could see or hear me.
I would really like to be able to go back to this company, because my working conditions were really good and we were happy at the company. The trust relationship between me and my supervisor's were not compromised, because I was not accused or charged by them. I am still dumbfounded to what happened to me and you could blow me over with a feather of pure shock and bewilderment. I have no pension anymore after working 6 years, because it took a year and 4 months for the case to conclude and to find a job, any job.
We are in dire straights financially and dont know the way forward...
We are both in the upper 50 age group and find it extremely hard to find a decend job for us both to be able to live and work in the same town again.
I have all the documentation and the Closing Argument from the union regarding my case.
I am innocent and do not know the way forward anymore... Please help!
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