Labour Laws - are they on our side!

[Easydoc]

Just need some advice... the Company i was working for were quick to replace me and inform me on the same day when the new person started that i had been replaced and an exit package was drawn up and signed. This was in early April 2012. Even though the company did not stick to the agreement in the contract, they staggered my payments.

They now say if I come in and sort out a few issues ( which they are not capable of ) and of which they were aware of when I was an employee they will only then pay the balance of what they owe me on completion.

Do i give into their "black mail" and pray they do pay me all my monies..

Or would I get assistance from the Labour Office in getting all my monies. ( final salary plus 3 years leave pay ) if i refuse to assist them?

thx

[ToxicBunny]

No, you take them to the CCMA...

They have breached Labour Law on so many counts from your post that its ridiculous.

[Easydoc]

No, you take them to the CCMA...

They have breached Labour Law on so many counts from your post that its ridiculous.

I spoke with a Consultant from the CCMA this morning and I was referred to the Labour Dept..

[werfie]

No, you take them to the CCMA...

They have breached Labour Law on so many counts from your post that its ridiculous.

+1

Speak to a Labour Lawyer. They will gladly take on your case! take them for unfair dismissal, see if the lawyer can categorize it as automatic unfair dismissal and push them for 24 month's salary, should prompt them to get their house in order a bit! Remember, you are always right and they are ALWAYS assumed to be guilty until they can prove otherwise! They may even get them on more than one count for unfair dismissal then you can get more than 24 months salary out of them!

[savage]

LOL. If your story is accurate... Tell them you'll do the work for them in the labour court under the supervision of the judge....

[Easydoc]

+1

Speak to a Labour Lawyer. They will gladly take on your case! take them for unfair dismissal, see if the lawyer can categorize it as automatic unfair dismissal and push them for 24 month's salary, should prompt them to get their house in order a bit! Remember, you are always right and they are ALWAYS assumed to be guilty until they can prove otherwise! They may even get them on more than one count for unfair dismissal then you can get more than 24 months salary out of them!

thx for the advice..

[Easydoc]

LOL. If your story is accurate... Tell them you'll do the work for them in the labour court under the supervision of the judge....

My ex Co are parasites, they didn't just make me (and still do) miserable, but everyone that comes their way and does biz with them..

[DrJohnZoidberg]

Unless you got fired, and the correct channels were followed, I believe its law that they cannot hire somebody to take your position until a certain period of time has elapsed (six months or so, cannot remember exactly).

[ToxicBunny]

I spoke with a Consultant from the CCMA this morning and I was referred to the Labour Dept..

Then go to the Labour Dept....

The Consultant wouldn't have sent you there if they didn't think you had a case of some kind.

[Korn1]

+1

Speak to a Labour Lawyer. They will gladly take on your case! take them for unfair dismissal, see if the lawyer can categorize it as automatic unfair dismissal and push them for 24 month's salary, should prompt them to get their house in order a bit! Remember, you are always right and they are ALWAYS assumed to be guilty until they can prove otherwise! They may even get them on more than one count for unfair dismissal then you can get more than 24 months salary out of them!

24 months

I only know people who got maybe 3 months pay.

[cbrunsdonza]

+1

Speak to a Labour Lawyer. They will gladly take on your case! take them for unfair dismissal, see if the lawyer can categorize it as automatic unfair dismissal and push them for 24 month's salary, should prompt them to get their house in order a bit! Remember, you are always right and they are ALWAYS assumed to be guilty until they can prove otherwise! They may even get them on more than one count for unfair dismissal then you can get more than 24 months salary out of them!

Would not push for 24mths, that could be perceived as extortion from the OPs side.

[Easydoc]

Unless you got fired, and the correct channels were followed, I believe its law that they cannot hire somebody to take your position until a certain period of time has elapsed (six months or so, cannot remember exactly).

Wasn't fired, just don't want to go back. I just want my money... I have had to sort out issues in the past when people have left their jobs. But that has been with Corp Companies and not a Fam Biz like this one was, where anything goes..

[Ol' Mean Bastid]

an exit package was drawn up and signed

did you sign this, and if so did you do so willingly?

on what grounds did they replace you?

[werfie]

Would not push for 24mths, that could be perceived as extortion from the OPs side.

Sorry, I phrased it wrong. what I meant is that in the case of automatic unfair dismissal... let your lawyer (or rather labour expert) steer the case into that direction, you don't really ever "ask" what you want, but the more substance the case has, the more they should award. This sounds dodgy all round, get a good expert and nail them, I feel nothing for companies that treat there EE's like cr@p (providing that I don't know the full story or the reason behind everything)

[ponder]

CCMA & Dept. of Labour.