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The employee was fired for alleged misconduct. He timeously invoked the employer’s appeal process and requested the minutes of the disciplinary hearing that had lasted one hour. The employer acknowledged that he was entitled to those minutes for purposes of preparing for his appeal hearing. Despite this the employer continually delayed providing the minutes to the employee. Just before the CCMA’s 30-day deadline expired the employee lodged an unfair dismissal case with the CCMA. The employee had by then started another job and requested compensation for his unfair dismissal. In addition, he requested to be compensated for the 28-day period between the date of his dismissal and the date on which he lodged his CCMA referral. He argued that, had the employer not withheld the disciplinary hearing minutes he would have been able to finalise his appeal expeditiously and either have been reinstated on appeal or have been able to submit his CCMA referral much sooner. The fact that the employer had unreasonably frustrated this goal resulted in the employee having no funds on which to live for 4 weeks, which caused him severe material hardship. Would the CCMA entertain such a claim?
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