CCMA / Labour Lawyer

Sure, points heeded, hence shift in focus to helping OP out
 
OP hasn't been on for a while a fcking hope they did not threaten him or anything
 
Hey,

Sorry - went to Cape Town early last week to get away and wasn't on at all during the phase. The last few days have been pretty busy and I've posted a handful of times in other sections.

Since we started, I went to see a (pretty!) labour lawyer. She looked through everything and kinda said it's tough to prove constructive dismissal and there isn't enough proof of it. Even though clear of the intentions, not always easy to prove.

We've decided to appeal the 3rd letter and raise a grievance, to get the internal processes out the way and cover myself if ever it goes further. Appeal with their labour brokers is in a few days and I've still got to get the wording right for the grievance.

When they heard I was appealing they weren't happy and called me in for 30 minutes. Today was another 40 minutes in HR discussing the process etc and everything. Once thing I said that got them worried was inconstancy ie no one else in the company receives the same punishment/warning for the same offense. They're investigating that, apparently ...

:)
 
Dolby said:
Hey,

Sorry - went to Cape Town early last week to get away and wasn't on at all during the phase. The last few days have been pretty busy and I've posted a handful of times in other sections.

Since we started, I went to see a (pretty!) labour lawyer. She looked through everything and kinda said it's tough to prove constructive dismissal and there isn't enough proof of it. Even though clear of the intentions, not always easy to prove.

We've decided to appeal the 3rd letter and raise a grievance, to get the internal processes out the way and cover myself if ever it goes further. Appeal with their labour brokers is in a few days and I've still got to get the wording right for the grievance.

When they heard I was appealing they weren't happy and called me in for 30 minutes. Today was another 40 minutes in HR discussing the process etc and everything. Once thing I said that got them worried was inconstancy ie no one else in the company receives the same punishment/warning for the same offense. They're investigating that, apparently ...

:)
Click to expand...

Hmmm... that could just be them covering their butts
 
Dolby said:
When they heard I was appealing they weren't happy and called me in for 30 minutes. Today was another 40 minutes in HR discussing the process etc and everything. Once thing I said that got them worried was inconstancy ie no one else in the company receives the same punishment/warning for the same offense. They're investigating that, apparently ...

:)
Click to expand...

Ya, the inconsistency thing is the main problem for them. If anything you will nail them on that.

It's kind of obvious that you need to turn things on her, might sound vindictive but even if you go anyway and she takes some career knock that will be worth it.
 
Nerfherder said:
Ya, the inconsistency thing is the main problem for them. If anything you will nail them on that.

It's kind of obvious that you need to turn things on her, might sound vindictive but even if you go anyway and she takes some career knock that will be worth it.
Click to expand...

Oh trust me. We will either get her fired or bring the whole company down one way or another as soon as OP is safe and out of that place.
 
I also saved this thread ofline in great detail in case mybb receives a capital injection and this thread mysteriously disappear.

I mean this forum is run by OpenWeb so we never know.
 
This is exactly the reason why unions with all their evils are a must have in this country.
 
They've backed off the past two weeks - not a single mail from the GMs. But as I've newer to pay for a lawyer, I'm still serving the CCMA letter.

A huge issue is getting out the office to meet the lawyer as they watching me like a hawk, so the process is dragged out. In fact the first incorrect warning has expired.

They made me take a few days leave in a row (legal, but stupid) so I'll be able to sort out the rest soon
 
Ok.

We are back.

Small issue unrelated to me happened last week - but as I was on the mail, she targeted me.

Basically a customer wanted to review and vendor policy is that forms need to be filled out detailing why they wanted to review.

The customer was called by us multiple times and multiple times by the vendor - but in the end he doesn't want to have to fill out forms and went to another brand.

5 or 6 people involved but as soon as she saw my name, pitbull mode. Copying HR and just being unprofessional.

In fact she copied HR and two colleagues of mine in the same mail to me and when I queried whether than was an error I got 'I am GM of this business and I reserve the right to copy who I want '

I've submitted a grievance with the MD - but that's her friend and don't see much coming from it
 
Dolby said:
Ok.

We are back.

Small issue unrelated to me happened last week - but as I was on the mail, she targeted me.

Basically a customer wanted to review and vendor policy is that forms need to be filled out detailing why they wanted to review.

The customer was called by us multiple times and multiple times by the vendor - but in the end he doesn't want to have to fill out forms and went to another brand.

5 or 6 people involved but as soon as she saw my name, pitbull mode. Copying HR and just being unprofessional.

In fact she copied HR and two colleagues of mine in the same mail to me and when I queried whether than was an error I got 'I am GM of this business and I reserve the right to copy who I want '

I've submitted a grievance with the MD - but that's her friend and don't see much coming from it
Click to expand...

Sounds a lot like a Cnut that i knew in the extended warranty / motor plan industry
 
Dolby, did you perhaps sleep with her sister/girlfriend at one point? Serious questions, seems like there's something personal here.
 
Find another job and nail them for constructive dismissal or just move on.
 
TehStranger said:
Dolby, did you perhaps sleep with her sister/girlfriend at one point? Serious questions, seems like there's something personal here.
Click to expand...

Nope.

This is how and why it happened :

Vendor >>> Distributor >>> Reseller

I work at the distributor and look after a product which I sell to resellers - so I'm the middle man. In February this year, my vendor hired a new person to look after and manage us from a channel side. Two months later, my favourite GM started working at my company. The new person at vendor and our GM have been friends for 12 years ... which is how everything starts.

The two of them had a lunch literally a few days before all of this started in July - so something was said at lunch from the vendor to my GM. My GM has a big ego and winks and says 'don't worry - I'm GM now and he'll go'

What aggravated her was that I hit back at her first verbal warning ... and again ... and again. She can't have a junior person kicking back because, well, she is GM! She has the authority and she will show me who is the boss. It's a huge ego thing and I don't think I've heard the title 'general manager' as much as the last few months.

'I'm GM and I reserve the right!'
'you can't have your GM offer tea!'
'You were unprepared for your GM'
'GM GM GM GM GM GM'
 
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