Employee problem

ahhh okay, ya im no expert, just saying what happened but interesting to know, cheers
 
Personally I wouldn't pay her or even entertain her stories. If she wants to drag me to court, so be it. I get so annoyed when helpers (or whatever the politically correct term is) feel entitled to XYZ, knowing very well they were doing a half-baked job AND still getting fringe benefits ontop of that! this is over & above the stuff that always disappears & mistakenly ends up in their houses/bags etc. You lent her money & she didn't bother paying you back, maybe you must remind her of that debt & demand it back with interest as well.

/rant over
 
poffle said:
ahhh okay, ya im no expert, just saying what happened but interesting to know, cheers
Click to expand...

Yeah, its about how things are done.

By presenting him an ultimatum, it becomes constructive dismissal.

By presenting a very reasonable contract formalising the working requirements and then the employee resigning on their own behalf, is a completely different story.
 
ToxicBunny said:
Yeah, its about how things are done.

By presenting him an ultimatum, it becomes constructive dismissal.

By presenting a very reasonable contract formalising the working requirements and then the employee resigning on their own behalf, is a completely different story.
Click to expand...

You are good :-)

Trick is... or rather the approach is... follow the rules.. put everything in writing and make everything official. Then there is little or no room for error or repercussions.
 
Candystore said:
My houseworker left my employment after 3 years of work. She was not happy that I was having conversations with her about her lack of performance. It was her choice to resign and I did not fire her.

She is from Zimbabwe and her asylum papers are all in order, but I did not register her for UIF. That was my mistake. She wants compensation for constructive dismissal. She is unable to claim UIF because I did not register her.

What will happen with SARS? Will I get a penalty/fine or what problems can I expect from my failing to register the employee?
Click to expand...

Two seperate issues.

Firstly the disciplinary side - if you ''talk'' to your maid, get her to sign a counselling form as evidence of poor work performance . But too late now.

The fact she resigned - I suppose you have a signed document? If she is claiming constructive dismissal, she has to prove it.
Its easy to go the CCMA route when you are a unionised worker, bit harder when not.
In essence the maid has 30 days to approach the CCMA, from the date of her resignation / dismissal. She needs to complete the 7.11 form and copy you, with proof that you got it.

The fact that you have no evidence of counselling could suggest a hostile / unfavourable environment arguement on her part .... on your part you need to demonstate that - apart from your discussion with her, nothing else had changed. You didnt slate her on FB, or not give her lunch or whatever - the conditions remained the same, and argue, she chose to leave. IMHO, act dumb, and explain that the maid had raised no such arguement prior to resignation, and that you assumed it was based on financial reasons. I assume you paid the minimum or more. (Should it go to CCMA)

Secondly UIF
As for the UIF - well, resignation means no UIF as the other forumites have told you. In terms of whats owing - its 1% from employee, 1% from employer - assuming you had paid.
The penalty for not paying is that you pay the full 2% based on the earnings from commencement, assuming you have pay slips or bank statements (and if you paid into her account, she will have statements).

The least risky way out, settle. The most risky but most cost effective do nothing .....

Hope this helps.
 
Candystore said:
My houseworker left my employment after 3 years of work. She was not happy that I was having conversations with her about her lack of performance. It was her choice to resign and I did not fire her.

She is from Zimbabwe and her asylum papers are all in order, but I did not register her for UIF. That was my mistake. She wants compensation for constructive dismissal. She is unable to claim UIF because I did not register her.

What will happen with SARS? Will I get a penalty/fine or what problems can I expect from my failing to register the employee?
Click to expand...

I think you should just ask all the 3rd parties for advice on this.
 
fruitbat said:
You are good :-)

Trick is... or rather the approach is... follow the rules.. put everything in writing and make everything official. Then there is little or no room for error or repercussions.
Click to expand...

Ultimately yes,

Put everything in writing, then nothing is up for debate basically.
 
Almost the same thing happened to me, minus the UIF story. I cut and paste this from a similar post I made previously.

We had a domestic cleaner work for us for 5 years and out of the blue I received a text message that she would not be back, because we pointed out some issues with her work. I was definitely emotionally involved and lived with her through her divorce and the domestic violence of that marriage (she had a black eye so many times I stopped counting). I often gave loans (never paid back) and extra food and clothing. She lives in horrible circumstances, with her children either dead, sick, or involved with drugs and gangs and she looks after the grandchildren. Yes, I feel as if I was dumped for no reason.

Anyway, I have decided to make use of a cleaning company from now on. I know they come with their own hazards, but at least I can keep this a purely business transaction. It has worked out really well so far.
 
Wife said:
^ This is why I do my own housework...sick of being considered an endless supplier of money.
Click to expand...

Indeed

Bite ............ hand ............... feed ................gatvol.
Seem to go together as far as the hired help goes these days.
 
I'll give you the same advice I give everyone. You hire them without a contract and pay them cash at the end of the month. Then when they pull this ****, and they will because their uncles sisters aunts granny or whatever always tells them to, then you can give them the big F You!

When they try serve papers or whatever from CCMA you say you've never seen them before in your life - and they have no paper trail to prove otherwise.
 
^^vampire^^ said:
I'll give you the same advice I give everyone. You hire them without a contract and pay them cash at the end of the month. Then when they pull this ****, and they will because their uncles sisters aunts granny or whatever always tells them to, then you can give them the big F You!

When they try serve papers or whatever from CCMA you say you've never seen them before in your life - and they have no paper trail to prove otherwise.
Click to expand...


So when they give an accurate description of your home, it's layout, the things you own,the people that live there to the CCMA then what?
 
DA-LION-619 said:
So when they give an accurate description of your home, it's layout, the things you own,the people that live there to the CCMA then what?
Click to expand...

Then I'd like to contact the cops because this lady has clearly been casing my house!
 
mister said:
to break the law?
Click to expand...

Well how far has following it gotten anyone who does everything by the book? Their domestic still screws them over in the end.
How many help their domestics out with extra money and never get paid back? How many pay them a decent wage and go out of their way to help them and still get screwed. Sorry but I fight fire with fire and will make sure my ass is covered if/when the time comes; you won't see me opening thread on how to deal with my dishonest household/landscaping executive.
 
KingMikel said:
Nevermind call logs, sms trails.

Eating paint chips, he is.
Click to expand...

Never SMS or call - rookie mistake. All communication happens in person. If they do not arrive on time they dont work or get paid for the day - simple. If they are sick they stay home.
 
You must log in or register to reply here.
Back
Top
Sign up to the MyBroadband newsletter
X