Hello

My fiancee was retrenched this morning without prior warning. He works as a chef in a privately owned restuarant, and was hired earlier this year. The owner informed him this morning that he was being retrenched as he is not passionate about his job and takes every opportunity to not be at work. No other employee is being retrenched.

My fiancee recently had to take sick leave: 25 October 2019 up to and including 29 October 2019 for severe foot pain. He was then injured at work on 9 October 2019 and was told by the owner to go to the emergency room to get stitches. The doctor he received the stitches from booked him off from 9 October up to and including 13 October. My fiancee went back to work today, despite being booked off. Upon arrival, the owner was immediately hostile with him with regards to his absense on 8 October (despite having been informed of the doctor's orders to stray home), and dismissed his injury sustained at work as "a little cut."

His retrenchment was not discussed with his immediate supervisors - they were shocked when my fiancee informed them. Furthermore, there have been multiple incidents where another employee has been caught stealing and drinking the liquor while on duty - he was given a warning, despite this being a multiple offense. Other employees have also taken extended sick leave, and unnorthorised absenses without any repercussions.

I believe the owner is unfairly dismissing my fiancee due to his taking sick leave, and claiming it as a retrenchment in order to avoid it being classified as a dismissal. The owner made no implecation that this was a dissmissal for operational requirements, but rather for personal clashes with his employee.

Would my fiancee have a legal right to claim unfair dismissal? Can an employer retrench an employee without warning and without explaining the operational requirements that have lead to the retrenchment, or offering them their options?