Calendar Month

diapason said:
Could he not perhaps get around it by "confirming" his resignation via an e-mail to his employer with a copy of the original letter attached? I'm assuming that he did keep a copy. First prize would be that he gets a read receipt for it so he can prove that the employer received it in the state that he originally sent it.
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This is where you have to ask a lawyer :erm:. I would think so, the difficulty would be to obtain mail server logs and headers to prove the e-mail occurred, if the company hosts their own servers or have access to logs then they can simply delete it. Even if they don't, you would still need to obtain mail logs to prove the e-mail if the employer disputes the e-mail (either it doesn't exist or it was spoofed). I speculate that if the burden of proof is shifted on the OP then he might have a hard time, it may be easier to get a resolution by being fired since then the burden of proof shifts to the employer if the CCMA gets heavily involved.

At this stage, I would get legal counselling if possible. If the GM is vindictive and the OP somehow comes out at the wrong end, he is going to be having a very unpleasant 2017.
 
I actually haven't given them anything in writing yet. I started drafting and realised that these people will give me a hard time over the last date. They've lied, threatened, sworn and blackmailed ... So was fairly certain it wouldn't be smooth.

I walked to HR and I asked 'if I resign now, when is final date?' and that's when the conversation started about not accepting, not wanting to pay January etc

But I think 90% have actually agreed that a calendar month could be 2 months and that they are trying to bypass their own contract.

I must be honest - for most my career I've always just thought CCMA was for trouble makers and BCEA was a complex system to make it hard for companies to get rid of troublemakers. However, after seeing how this company behaves, I'm actually very grateful for it!
 
Hmm if i understand correctly you can give in resignation anytime from now till end of this month for last day end of January .
Maybe write it out but mention relevant labour regulations in letter .
When handing it in i wonder if HR can sign it and give you a copy.
Or take a 3rd party along as witness and read it out to them at same time record conversation with phone.
 
So, HR comes back to me to say they can't do anything until a put through my resignation in writing. I asked '... That means final day - and payment according to contract - would be 31 January?'. Her reply? 'I don't know'

She says though, they will accept my resignation but go ahead with the hearing to fire me before 31 Jan.

Nice bunch of people!
 
Dolby said:
So, HR comes back to me to say they can't do anything until a put through my resignation in writing. I asked '... That means final day - and payment according to contract - would be 31 January?'. Her reply? 'I don't know'

She says though, they will accept my resignation but go ahead with the hearing to fire me before 31 Jan.

Nice bunch of people!
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Put through your resignation prior to the hearing.

Most of the time the "Chairperson" will treat the hearing as a formality and you won't be "fired" because you've resigned.
 
Maybe I missed it but why are they trying to fire you? Is it over the accumulation of warnings?

So they're saying they want you out sooner than 31 Jan even if it means pushing you if you refuse to jump?
 
Dolby said:
So, HR comes back to me to say they can't do anything until a put through my resignation in writing. I asked '... That means final day - and payment according to contract - would be 31 January?'. Her reply? 'I don't know'

She says though, they will accept my resignation but go ahead with the hearing to fire me before 31 Jan.

Nice bunch of people!
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You have to put it in writing but just be very careful. Also unless you've done something drastic or have a long chain of issue, trying to fire you during a notice period can be deemed as constructive dismissal and the CCMA will frown very heavily on that.
 
Dolby said:
So, HR comes back to me to say they can't do anything until a put through my resignation in writing. I asked '... That means final day - and payment according to contract - would be 31 January?'. Her reply? 'I don't know'

She says though, they will accept my resignation but go ahead with the hearing to fire me before 31 Jan.

Nice bunch of people!
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It's simple,

Type the latter as follow:

Date it for today's date, type your resignation stating that as per company/contract obligations you are herby giving 1 calendar month's notice making your termination effective 31/01/2016.

Simple as that, you have the date on the notice saying when you handed it in, also explaining why you're giving the notice you're giving and confirming your termination date.

There is nothing they can do if you give them the date of your final day. I can resign now for effective 01/08/2017... I'm just giving them ample time to find a replacement...
 
R13... said:
Maybe I missed it but why are they trying to fire you? Is it over the accumulation of warnings?
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The company hired a new GM in April 2015 and I suspect that she had huge/different plans for the company. We restructured, acquired other companies, new corporate logo/identity, new divisions, new building etc and I suspect that I - like many others - did not fit within her plans. The others all jumped ship / were fired already and I'm pretty much the last man standing from the old bunch of staff!


R13... said:
So they're saying they want you out sooner than 31 Jan even if it means pushing you if you refuse to jump?
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Yup - they want me to leave sooner. Contract dictates calendar month with as others have said, is 31 January. However, HR has told me they'd prefer to bring it forward to end December

Here's the clincher - during January, I have an incapacity hearing setup and they say that if I'm here (ie notice etc), they will continue to have this meeting, and fire me immediately. I was told outright, 'my advice is to rather not be here for the meeting and leave end December as requested'
 
Kosmik said:
You have to put it in writing but just be very careful. Also unless you've done something drastic or have a long chain of issue, trying to fire you during a notice period can be deemed as constructive dismissal and the CCMA will frown very heavily on that.
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Drastic ... as in not sending an (internal) email on time , emailing through the wrong (internal) minutes of the meeting, not attending (internal) training and being unprepared for (internal) meeting. Either twisted or fabricated entirely.

But she's got a knack of building up charges : *'Dolby did not send me an email on time. This meant that I didn't have all information at hand and couldn't forecast accurately to HO. In turn, this meant HO couldn't plan for their R100 million deal and therefore, Dolby is responsible for causing a potential massive loss and driving the business into bankruptcy'

*Just an example of how she operates
 
Pitbull said:
.
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Yup - but they're 'unsure' if they want to pay until 31 January. They also prefer to dismiss instantly, threatening me to not be around on the day of the hearing and having my final day be year end (31 December) as opposed to 31 January

This is one truly bizarre company where breaching contract, threatening staff and blackmail is how they operate
 
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Dolby said:
Yup - but they're 'unsure' if they want to pay until 31 January. They also prefer to dismiss instantly, threatening me to not be around on the day of the hearing and having my final day be year end (31 December) as opposed to 31 January

This is one truly bizarre company where breaching contract, threatening staff and blackmail is how they operate
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Makes no difference what THEY want. You are telling them that you are working till 31/01/2017. They can't make you resign at a shorter date. Simple as that. You are telling them that you are giving them notice that you will part ways on 31/01/2017. Best they can do is send you home but still pay you till 31/01/2017 as that is your resignation date as per your resignation letter. Anything contrary to that will have them with the CCMA in no time flat.

Edit:
As for the "meeting" they can't fire you while in notice. It will then be constructive dismissal and they will be in for a world of pain. They know that. They just scaring you to leave earlier by not paying you for January. Personally I would not back down, stick to the contract and if they do dismiss me I will take it to the CCMA.
 
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Dolby said:
Yup - but they're 'unsure' if they want to pay until 31 January. They also prefer to dismiss instantly, threatening me to not be around on the day of the hearing and having my final day be year end (31 December) as opposed to 31 January

This is one truly bizarre company where breaching contract, threatening staff and blackmail is how they operate
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Do you have that threat in writing by any chance?

If you do, resign as per your original intention for the end of January.
Let them have the disciplinary, if they fire you then its a clear cut case of constructive dismissal and they will be in for a world of pain at the CCMA.
 
A good compromise would be if they let you leave end of this month on agreement they pay you to end of January. How cheap are they that they'd risk ccma to save a month's salary?

In any case they probably are prepared to tie you up in legal issues as long as possible if you go to the ccma
 
If I were you I'd make contact with someone at the CCMA for advice prior to the meeting. During the meeting let them know that you are receiving consulting with the CCMA too resolve the issue fairly. They might decide you shouldn't come to work for the rest of the month but realize that your salary must be paid or else they'll deal with the CCMA
 
Sorry to hear OP you work for a douchebag company.

At my previous job, I managed to wangle it to leave on the day after I resigned, and still get paid at the end of the month. I effectively spent my notice period at home, doing things. They were really wanting to get rid of me, although, not as bad as in your case. In my case I was in the crapper for reporting a racial remark aimed at another colleague (I wasn't involved, just reported it), and the sh*tstorm that ensued, pretty much proved the MyBB assertion that "blacks cannot be racist"

So when the 26th came around, I started early at the new job and got paid extra for those days which was a welcome bonus :)
 
Randy_The_Squirrel said:
If I do that, I will be sued immediately- don't want drama, especially not since I am starting with emigration plans next year.
I will give you a clue, they are often featured on this site by the robot BusinessTech... I hope Cell C burns them hard.
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Sorry, it was actually meant for Dolby, but thanks for your reply anyway :)
 
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