Advice needed - labour law?

[Generator Man]

My family has employed a chap for over 16 years, he became more part of the family than an employee.

He earned a very good salary compared to what he was able to do, more about rewarding him for his loyalty than his abilities I guess.

Last year in September, he made up an excuse to go home and disappeared. We got worried and called his relatives, and it transpired that he was alive and well, and minding his own business. In an effort to evade all communications, he even changed his cellphone numbers. Approximately a month after he "disappeared", he called that he had troubles, but was ready to return, and asked for his work permit to be renewed, which I organized. once again he disappeared off the face of the earth without even showing his face at work.

Never heard from him again until Friday, when I received an sms that he wanted to return to work (now 10 months after he disappeared, without ever informing us that he was leaving, communicating his intentions, resigning, saying that he needed some time off or whatever) he received 1 month paid leave every year of his employment with us, and always went back home, and returned timeously. Nothing like this has ever happened before.

I've also come across the information that he has become an activist north of our borders and all this time that he has been missing he has been involved in the tirade of intimidation, violence and electioneering, and has survived out of handouts from the ruling party to carry out these savage tasks.

I have no intentions of taking him back to work for us, and I made it clear to him on Friday. Now he is busy threatening that if "I Fire him!" eg not take him back to work, he will have a claim to have damages in form of back-pay paid to him for the years he has worked for us as well as the salary for the month that he didn't complete before he left to go home which he never received due to his going MIA. Now firstly, he abandoned the workplace without ever informing us for close to a year, secondly he always received his month's paid leave on a yearly basis. The only problem being is that I do not have all the paperwork pertaining to his employment going back 16 years.

What rights does this tosser have according to our employment legislation?

 

[lion_fish]

thats why i hate africa.

You try your hardest to help people and improve their lot and what you get in return?

And the worst thing is that you have done everything by the book but will still end up being shafted by the ccma.

Happened to me.

Typical Africa. Typical African.

 

[Luf]

No rights mate - If you got to say the CCMA with this case it will be thrown out - relax and ingnor the oke. If he takes it further, tell the truth about the situation you find yourself in and im 100% sure everything will work in your favour.

 

[lion_fish]

hahah!

Good one Luf. I see you have never been through the ccma before...truth doesn't play any part in thier little world.

 

[noxibox]

I wouldn't worry about it. He has no case. Regardless I would take proper legal advice. You'll want to respond in the appropriate manner.

 

[hj2k_x]

I wouldn't worry about it. He has no case. Regardless I would take proper legal advice. You'll want to respond in the appropriate manner.

I second that. Whatever anyone has to say about the CCMA, I am sure in this case sanity will prevail. He doesn't sound like he has a case to me either.

 

[blunomore]

My family has employed a chap for over 16 years, he became more part of the family than an employee.

He earned a very good salary compared to what he was able to do, more about rewarding him for his loyalty than his abilities I guess.

Last year in September, he made up an excuse to go home and disappeared. We got worried and called his relatives, and it transpired that he was alive and well, and minding his own business. In an effort to evade all communications, he even changed his cellphone numbers. Approximately a month after he "disappeared", he called that he had troubles, but was ready to return, and asked for his work permit to be renewed, which I organized. once again he disappeared off the face of the earth without even showing his face at work.

Never heard from him again until Friday, when I received an sms that he wanted to return to work (now 10 months after he disappeared, without ever informing us that he was leaving, communicating his intentions, resigning, saying that he needed some time off or whatever) he received 1 month paid leave every year of his employment with us, and always went back home, and returned timeously. Nothing like this has ever happened before.

I've also come across the information that he has become an activist north of our borders and all this time that he has been missing he has been involved in the tirade of intimidation, violence and electioneering, and has survived out of handouts from the ruling party to carry out these savage tasks.

I have no intentions of taking him back to work for us, and I made it clear to him on Friday. Now he is busy threatening that if "I Fire him!" eg not take him back to work, he will have a claim to have damages in form of back-pay paid to him for the years he has worked for us as well as the salary for the month that he didn't complete before he left to go home which he never received due to his going MIA. Now firstly, he abandoned the workplace without ever informing us for close to a year, secondly he always received his month's paid leave on a yearly basis. The only problem being is that I do not have all the paperwork pertaining to his employment going back 16 years.

What rights does this tosser have according to our employment legislation?

If you are away from work for longer than 5 consecutive days and you did not make any effort to inform your employer of your whereabouts or the reason for your absence, you are deemed to have absconded and your employer can dismiss you.

 

[Generator Man]

Thanks guys.

 

[jambai]

maybe do some research on the internet.will take time but just read thru the labour law.my feeling the guy is taking a chance.check his work permit as well,surely you cannot employ him if work permits expires so in theory delay everything until his work permit expires.As far as I know you might need to prove that you have work to extend your work permit.my 2 cents worth

 

[Turiko]

Ja well, I have been burned myself. And for the record, the guy who did this to our family was a distant relative!!!!!! He took my family to the CCMA, and won, even though he was an ******* and in the wrong.