Being Taken to the CCMA by Domestic Worker

[Dot1]

Hi All,

I wonder if you could give me some advise.

We had a helper working for us at home, and she told us in February, that she wants to leave ( Retire) at the end of May. This was after 18 years of service.

We had no problem with it and we told her it was fine. She then asked if she could maybe come once a week and then we could pay her a daily rate, to which we agreed.

She has been coming to our house every Friday since she left and doing the work for the day.

Today we get a call from the CCMA. She has opened a case that we fired her and gave her no choice but to leave.
She has also told them that she is 59 years old, but in fact, we know she is older.

She wants a few thousand rand compensation.

Has anyone ever had an issue like this , and has anyone got any advise for me?

 

[ProfA]

What happens if you just ignore the CCMA?

 

[Dot1]

They summons you so that you have to be there.

 

[Kornhub]

18 years and she tries to screw you :wtf:

 

[LCBXX]

Do you have anything in writing, such as retirement settlement, employment contract, etc? If yes, it will help your case. If not, be honest, assertive and factual as opposed to being aggressive/emotional/defensive in the hearing. The CCMA official has facilitated countless of these before and will easily catch on the BS from either you or the Domestic.

Odds are she got a tip from a friend and hence she is pursuing this. If she never approached you about a settlement before it would be very interesting as to what excuse she offers the CCMA official when he/she asks. Keep in mind that he will ask the same question of you as well - have you offered her a settlement after 18 years of service and if no, why not.

 

[Crowley]

We had a helper working for us at home, and she told us in February, that she wants to leave ( Retire) at the end of May.

Did you get that in writing?

 

[ToxicBunny]

Be honest with the CCMA.. they are aware that people are taking chances these days so will be objective and listen to both sides of the story...

Have you been paying her UIF out of interest?

 

[Freshy-ZN]

Isnt it a weeks pay per year served? Did you pay her this?

 

[Dot1]

So its like this.

When we were growing up our parents were not well off. She stayed on our property, she got food for every meal, and she always got her salary on time.

There are no signed documents, but we honestly have nothing to hide. she is just trying to make a quick buck, and we just gotta sort it out. She was at the house working on Friday, Today she was at the CCMA, I wonder if she will back back at the house on This coming Friday.

I doubt she will come this Friday.

Maybe she will not come back, and we will not hear from her again with any luck.

 

[Dot1]

She got more than a weeks pay for every year served. But fact is that If you do not retrench someone, if they want to retire, you are not obligated to pay them anything.

 

[xrapidx]

You might find she has no clue what the CCMA is, and someone else in her family put her up to it.

 

[Dot1]

That's what I think too. You never think someone will do this after 18 years. If they think they can do this, youd think they would at least cover their tracks first.

 

[LCBXX]

So its like this.

When we were growing up our parents were not well off. She stayed on our property, she got food for every meal, and she always got her salary on time.

There are no signed documents, but we honestly have nothing to hide. she is just trying to make a quick buck, and we just gotta sort it out. She was at the house working on Friday, Today she was at the CCMA, I wonder if she will back back at the house on This coming Friday.

I doubt she will come this Friday.

Maybe she will not come back, and we will not hear from her again with any luck.

School fees. Get hold of the CCMA in future - they are very helpful setting up an employment contract and assist when you need to lay off/retrench/fire/etc.

 

[deweyzeph]

Just tell the CCMA you've never heard of her and have no idea who she is.

 

[MrGray]

A disgruntled former employee who tried to start another competing company while on the job took me to the CCMA once. I was very pleasantly surprised that they really do see BS for what it is and dismissed the whole thing in minutes plus gave the employee a lecture.

 

[nand]

She has also told them that she is 59 years old, but in fact, we know she is older.

This is normally called fraud.

 

[kianm]

The things that people do nowadays, so she is hoping you will just pay the money and life goes on

 

[ToxicBunny]

This is normally called fraud.

It would be yes..

And if they asked for her ID, they'd see she was lying, which would not look good for her "case"

 

[killerbyte]

She got more than a weeks pay for every year served. But fact is that If you do not retrench someone, if they want to retire, you are not obligated to pay them anything.

Make sure you take your bank statement showing this transfer. 18 weeks = 4.5 months salary, this will not be a small figure and you can show that you paid it to her as part of her retirement package because you were being a decent person. CCMA will likely see that you did her a decent and tell her off.

 

[Beachless]

Did you recieve anything officially?
It could just be some idiot taking a chance.