CCMA / Labour Lawyer

Piesank said:
OP read my example again. I said if you are absent for 5 days and only have a valid sick note for 3 of those days. Which happens more times than you think - especially with back dated sick notes and when the EE is required to be back for work on a Thursday and he works weekends.
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Except what you have quoted CLEARLY shows that the GM initially lied and is now changing to cover themselves.. Surely this throws EVERYTHING else into doubt?
 
ToxicBunny said:
Except of course, the GM lied, and now its on record that she lied initially so the ER and HR people should be dealing with that prior to disciplining the employee?
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I cant simplify this any further.

OP was unhappy with the warning issued to him

OP appealed

During the appeal the GM could not produce the email

GM states it was said during the previous meeting
GM's lackey confirms

2v1

Warning gets amended.

The misconduct remains the same.
 
Well - if it came to CCMA I'd do my best and tell the truth. I can't go beyond the truth and it's sad that a company can behave this way, bypass laws to protect client and do as they wish anyhow. What happens, happens. Id they win through lying, so be it.

I'd hope the commissioner has common sense to ask a few questions :

Why did you say email upfront if there wasn't an email? And why say it was unread if nothing was sent and you acknowledge?
Why didn't you say verbal from the start, if that's what really happened? Who can back that up as Dolby says it never happened?
Why did you say he swore AT you and the witness agreed - but then later she changed it?

The answers alone will show her character and what she is attempting
 
Piesank said:
I cant simplify this any further.

OP was unhappy with the warning issued to him

OP appealed

During the appeal the GM could not produce the email

GM states it was said during the previous meeting
GM's lackey confirms

2v1

Warning gets amended.

The misconduct remains the same.
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I understand where you are coming from, and internally I can see it playing that way. Just that if it went to the CCMA, I would think that those things would work against the employer, or at least show an attempt at constructive dismissal.
 
Dolby said:
The answers alone will show her character and what she is attempting
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ToxicBunny said:
or at least show an attempt at constructive dismissal.
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Yea - the answers should show. I also think they know they're wrong and going to the CCMA is a huge gamble - hence offering me another role after the CCMA letter arrived.
 
Dolby said:
Well - if it came to CCMA I'd do my best and tell the truth. I can't go beyond the truth and it's sad that a company can behave this way, bypass laws to protect client and do as they wish anyhow. What happens, happens. Id they win through lying, so be it.

I'd hope the commissioner has common sense to ask a few questions :

Why did you say email upfront if there wasn't an email? And why say it was unread if nothing was sent and you acknowledge?
Why didn't you say verbal from the start, if that's what really happened? Who can back that up as Dolby says it never happened?
Why did you say he swore AT you and the witness agreed - but then later she changed it?

The answers alone will show her character and what she is attempting
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Please stay as far away from the swearing incident as possible - you did not receive a warning for it. If they start going down the path of you swearing during meetings with HR and the GM it may turn the commissioner against you. Did you read my PM?
 
Yup - replied.

Both the 1st and 2nd warning have expired by now. The swearing observation was on the 2nd - so that's also water under the bridge

I'm sitting on the FWW now
 
Dolby said:
Yup - replied.

Both the 1st and 2nd warning have expired by now. The swearing observation was on the 2nd - so that's also water under the bridge

I'm sitting on the FWW now
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Can it help Dolby maybe if he go to police station and make a statement that he was never given a emailed / verbal instruction for the training?
And hand this in as evidence for ccma ?
 
Is it really so bad to say a swear word at work? Some ****ing people need to toughen the **** up. Swear words are used everyday, everywhere by everyone.
 
Funny how badly swearing is looked upon, yet lies by the GM seems to get a pass?
 
Probably his employer is skirting around the issue again... trying to duck and dive. He has balls of steel though, I personally would have just left to spare my mental state, some months back.

However, he's gone in so deep, he is setting a legal precedent here, which could be useful for many others in the same situation.
 
They offered me the other position/manager on condition that I drop CCMA.

I thought a new position was the lesser of two evils - and accepted it. I recieved the paperwork (haven't signed as yet - been a hectic few days) and cancelled CCMA as per request. I should be submitting the signed paperwork today.

New position was backdated 01 Nov, but I have to look after my current position until they have a replacement for it (they guess 2 months). I'm under no illusion that things will magically get better as I know the GM personality and the 'win at all costs' mindset she has - but at least it buys time into the new year.

Been a hectic few months - but I suspect had I not anything, I'd be fired already
 
Dolby, if you have intention to leave, please advise when you have left, so that this miserable company can have the honor of being the first company listed in my database.
 
What actually amazes me is that they told me yesterday they were going to go through with the CCMA and needed to cancel their labour broker representative. I have no idea what would be said or done on their side though ....

A guess would be that warning #1 and warning #2 had both expired and they'd try play them down - or they were trying to call my bluff the whole time
 
I went to my labour lawyer last time in November 2016 who advised me to submit my case through to CCMA. Not referring the company - but only as a mediation to get a fair 3rd party to hear us both out. I received a date and commissioner was assigned from CCMA, and I took this straight to HR.

My company weren't happy with me getting CCMA involved and rather offered to move my role away from said GM, on condition I cancel CCMA - which I accepted and cancelled. They offered me the new role backdated 1 November

I've still been baby sitting my position while they searched for a replacement, who starts next week - 4 months later! But the past 4 months has actually gone alright and no one has confronted me.
 
Doesn't what Dolby said (about no issues since) prove that it was a witch hunt?
 
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