CCMA / Labour Lawyer

Dolby

Dolby

Honorary Master
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A follow on from my last thread - but a quick summary.

11 July - Receive a verbal warning for not training the sales staff.

05 August - Receive a written warning for being unprepared for a meeting

27 August - Appeal both the first two warnings. Says letter received for not training is too old and won't look. Changed the charge on the unprepared meeting to verbal instructions give.

21 September - Receive a final written for missing an email deadline

It's extremely clear that this is constructive dismissal and I need to get out. I'm looking for something - but I cannot work like this and I'm left with no option that to leave to avoid.

I'm contemplating CCMA, but it's a little messy. Anyone wife/husband a labour lawyer and I'll pay for a legit session with them?
 
Sorry to hear Dolby
They are exploiting the constructive dismissal loophole we were burned with last year.
CCMA is not going to be much help. Labour lawyer maybe, but then be expected to part with R2000/hour or more.
 
Dolby said:
A follow on from my last thread - but a quick summary.

11 July - Receive a verbal warning for not training the sales staff.

05 August - Receive a written warning for being unprepared for a meeting

27 August - Appeal both the first two warnings. Says letter received for not training is too old and won't look. Changed the charge on the unprepared meeting to verbal instructions give.

21 September - Receive a final written for missing an email deadline

It's extremely clear that this is constructive dismissal and I need to get out. I'm looking for something - but I cannot work like this and I'm left with no option that to leave to avoid.

I'm contemplating CCMA, but it's a little messy. Anyone wife/husband a labour lawyer and I'll pay for a legit session with them?
Click to expand...

After how long do the warnings expire?
 
TheJman said:
Check your PM :)
Click to expand...

Replied!

1st verbal is 'negligent behavior in that you failed attend compulsory training' (exp 10 Oct)
2nd written was 'gross negligence in that you arrived unprepared for a meeting' (exp 5 Nov)
3rd Final Written Warning - Misconduct - doesn't really say negligense or anything (exp 21st March)

My aim is a mutual agreement to leave employment
 
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First call in sick and get a doctors note. Second, get a labour lawyer. Third, start putting your CV out there ASAP. Hopefully you find a job with better hours and a 15% -> 20% increase.

Good luck!
 
Napalm2880 said:
First call in sick and get a doctors note. Second, get a labour lawyer. Third, start putting your CV out there ASAP. Hopefully you find a job with better hours and a 15% -> 20% increase.

Good luck!
Click to expand...

Good advice to the OP... this is one of those difficult situations and as our labour lawyer put it... chances of success are slim.
 
Dolby said:
Replied!

1st verbal is 'negligent behavior in that you failed attend compulsory training' (exp 10 Oct)
2nd written was 'gross negligence in that you arrived unprepared for a meeting' (exp 5 Nov)
3rd Final Written Warning - Misconduct - doesn't really say negligense or anything (exp 21st March)

My aim is a mutual agreement to leave employment
Click to expand...

you cannot claim uif unless you are fired/dismissed/told to leave.

(or at least that is the last I heard.)
 
The internal appeal was a joke in itself.

He refused to look at warning #1 on the ground that too much time had expired - but CCMA told me there was no time frame if not stipulated.

He didn't even understand warning #2 judging by the outcome. It was totally wrong (dates etc) and I said they must correct it, which I haven't received as yet. The charge was changed from 'given instructions via mail) to 'given instructions verbally'. With mail, I could prove she lied - but wit his verbal, there's no proof other than her word against mine.

She's giving as many warnings as possible to get me out ; monitoring everything I do ; checking up on me ; watching who I speak to calling them into HR.
 
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Venomous said:
you cannot claim uif unless you are fired/dismissed/told to leave.

(or at least that is the last I heard.)
Click to expand...

Not UIF - but rather 'you want me to go, give me 6 months and I'll willingly go'
 
Keep your nose clean and work to rule.

If you think you will miss a deadline, message her before the time and explain why.
 
MickeyD said:
Keep your nose clean and work to rule.

If you think you will miss a deadline, message her before the time and explain why.
Click to expand...

I understand - but it's clear the route she's taking. I could be late because a traffic light is out or flat tyre or something arb that is not warning offense. She's a mission and she'll do it. I mean hundreds of 'offenses' are committed every day ... people on YouTube should be awraning, but it's unreasonable.

There's also no consistancy - I know people that FORGOT to attend external meetings, makes losses on orders and 'its one of those things'
 
Dolby said:
The internal appeal was a joke in itself.

He refused to look at warning #1 on the ground that too much time had expired - but CCMA told me there was no time frame if not stipulated.
He didn't even understand warning #2 judging by the outcome. It was totally wrong (dates etc) and I said they must correct it, which I haven't received as yet. The charge was changed from 'given instructions via mail) to 'given instructions verbally'. With mail, I could prove she lied - but wit his verbal, there's no proof other than her word against mine.

She's giving as many warnings as possible to get me out ; monitoring everything I do ; checking up on me ; watching who I speak to calling them into HR.
Click to expand...

CCMA do not play kind to such victimizations. See them CCMA so they know about this. How many warnings before in the period you worked for them. How many training sessions and help did they give you to rectify your "inadequacies"

They are in for a hiding and best is that they know it.
 
Seriously said:
CCMA do not play kind to such victimizations. See them CCMA so they know about this. How many warnings before in the period you worked for them. How many training sessions and help did they give you to rectify your "inadequacies"

They are in for a hiding and best is that they know it.
Click to expand...

Hence a letter from a labour lawyer ....

I've gone 10 years without warnings in my career and over a year at this company. This lady joins April and warnings follow in July, August, Sep.
 
Dolby said:
first two are 3 month and the last 6 month
Click to expand...

Ok, so the first has expired.

Which makes me wonder how grievous missing an email deadline is that it warrants a final written warning?

Secondly, did you follow the advice to write an email stating that you would like assistance to remedy the situation and you need their help? This would then put the onus on them to prove they did everything in their power to fix the situation before resorting to firing an employee.

Edit: essentially to make you look good when going to the CCMA.
 
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