Page 3 - KZN Business Sense 5.3

TRUST MUST BE

EARNED

llan Hirsch, the founder He recalls working long hours going. You need to keep your
and CEO of Hirsch’s is an when others took weekends off. vision and keep on working hard
Aoutstanding example of With the help of Margaret, his when things go wrong,” he says.
someone who came from humble wife and partner, and the use RESIGNATION &
beginnings and had to overcome of innovative marketing, a big Commenting on their milestone
personal challenges to become demand was created for Hirsh’s birthday on 29 January 2019,
successful. He well illustrates products. Allan said: DISCIPLINE
that “where you begin does not “Ï can’t believe that 40 years has
determine where you can go”. In KZN in 2000, Hirsh’s
started their Home Store concept, passed since we started Hirsch’s. Patrick Deale, Labour Ordinary contractual rules dictate
Significantly, Hirsch’s celebrated where almost everything for the The growth that we have had over Lawyer & Mediator, that the employer may hold the
its 40th anniversary in 2019. The home can be purchased under the years and the people who Deale Attorneys employee to the contract and seek
business is the biggest privately- one roof. This proved to be a have assisted us, and the support an order of specific performance
owned appliance dealer in great success and two years later, that we have had from the public an an requiring the employee to serve the
southern Africa and comprises in 2002, they took the concept to for the last forty years has been employer period of notice…”
a chain of mega appliance and Gauteng. In April 2012, Hirsh’s phenomenal. It’s true to say that Cproceed
home furnishing stores. opened their first branch in Cape working hard and getting the with a disciplinary Employers can reject “immediate
Town (Milnerton). They also have basics right on a daily basis pays. enquiry after effect”
Allan left school in standard a strong online presence with That is what we’ve done. We have an employee This means the employer can hold
seven due to dyslexia and trained customers from around South had amazing people that have resigns with the employee to the contractual
as an electrical appliances’ Africa shopping from Hirsch’s worked with us over the years, immediate notice period and reject the
mechanic. Afterwards, he started online site. and we owe a lot to them.” effect on “immediate effect” condition of
working for a company, where he receipt of a the resignation. It includes the
and the owner had different views Hirsch’s is a family run business “I feel proud of what we have notice of suspension or notice of employer’s entitlement to proceed
on business. The owner wanted with all four members of the achieved, and I believe that enquiry? with the enquiry despite the
to keep increasing margins, while Hirsch family involved in day there are more opportunities resignation to the “immediate
Allan wanted reasonable rates and to day operations. The Hirsch’s on their way – not only for us, No & Yes effect”. An employee is entitled to
to provide great service to keep form a formidable force supported but for South Africa. By looking “No” – said the Labour Court in resign with immediate effect only
their customers’ happy. by their management team who after people, we have found Kalipa Mtati v KPMG Services in in the case of a material breach of
*1
have a strong commitment to that they have looked after us.
His employer’s suggestion that the same goals. They are backed When people ask me what the October 2016. contract by the employer.
Allan should go on his own was by 850 permanent employees key to success is, I say that it is a “Yes” - said the court later in The judgment is in line with
both exciting and daunting for who are as dedicated to the combination of getting everything Coetzee v Zeitz on 14 June 2018. the principles stated by the LC
*2
him. Being newly married, having company as the Hirsch’s and in the right order at the right in Lottering -
*4
bought his first property, and the their management team are. time. When one consistently gets Coetzee resigned “with ■ Resignations must be un-
birth of his first child, delayed his the basics done, one will become immediate effect” when his
decision, but he eventually opened The Hirsch family does not take successful. employer The Zeitz Trust served equivocal (ie leaving no doubt);
an electrical appliance repair anything for granted and are him with a notice of suspension on ■ Once given, they can’t be with-
store in Durban North in 1979. regularly involved in various This being our 40th year, we allegations of serious misconduct. drawn unless by agreement;
He recalls being “absolutely flat charities and sponsorships. have numerous specials. We Coetzee disputed the Trust’s right ■ They don’t require acceptance
broke” the day Hirsch’s Electrical Their giving nature ensures have had great support from our to continue with the disciplinary by the employer – it’s a
Repairs opened, having spent all that they constantly support the suppliers who are helping us to process against him. unilateral act;
his money on rent, the electricity less fortunate and they are always enjoy our 40th year in business He made an urgent application ■ The contract does not terminate
deposit, and marketing. He says it willing to help those in need and and we are passing these on to to the Labour Court to have the on the date the notice is given
was enormously symbolic being find many ways of giving back to the consumer – who has kept us disciplinary process declared but when the notice period
able to buy a loaf of bread costing the communities in which they in business for the past 40 years. unlawful, invalid and of no force expires; and If the employer
11 cents on his way home. operate. Thank you, we appreciate you, and effect. And he attempted
and we are so grateful that you to interdict the Trust from waives a part of the notice,
Initially, Allan only repaired Trust must be earned and Allan have kept us going for all this continuing and finalising the the contract terminates when
goods, but his reputation still tries to enhance the good time.”  disciplinary process against him. the employee leaves work (ie at
and knowledge led to him to reputation Hirsch’s has built over He based his case on the decision the start of the waived period).
becoming a formal dealer as well. 40 years. “Winners always keep www.hirschs.co.za
in Kalipa Mtata. TIP: The message from the
Reasons Coetzee judgement is clear: An
employee cannot escape workplace
The court said it was not
legally obliged to follow the justice simply by resigning with
immediate effect when faced
Kalipa Mtati judgment. And it
explained why it would not for with the prospect of being held to
the sake of ‘clarity of the legal account for misconduct. Employers
should proceed with disciplinary
position’. It referred to what enquiries in these cases to maintain
it considered to be the correct
reflection of the law as stated in the credibility of its workplace rules
the LC judgment in Vodacom and procedures. 
v Motsa and Another 2016(3)
*3
SA 116 (LC) that stated in the *1 Kalipa Mtati v KPMG Services (Pty) Ltd
following extract: J2277/16; 18 October 2016
*2 Coetzee v Zeitz Mocaa Foundation Trust
“The principles that regulate a and Another (C517/2018) [2018] ZALCCT
resignation are well established. 20; (2018) 39 ILJ 2529 (LC) (14 June 2018)
Resignation is a unilateral *3 Vodacom (Pty) Ltd v Motsa and Another
2016(3) SA 116 (LC) Source: Worklaw
act…. When an employee Newsflash April 2019
gives the required notice, the *4 Lottering & Others v Stellenbosch
contract terminates at the end Municipality (LC Case no.: C159/2010 Date
of the notice period. When of judgment: 7 May 2010)

an employee leaves his or her DEALE ATTORNEYS
employment without giving the Tel: 083 375 8771
required period of notice, the Email: patrick@deale.co.za
employee breaches the contract. Website: www.deale.co.za

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