I am going to be dismissed, advice please.

[CL-West]

The onus is on him to follow up. God, i had to do it at previous employers.

That's true...

The three month contract comes to an end and am handed my full time employment contract but with no increase in salary and as a CTC package. I approached HR the following morning first thing, HR was apologetic and promised that the salary package and benefits would be adjusted accordingly and that I would have the new contract by the end of the day. Two days pass and I haven't heard a thing, we run Exchange at the office so logged in using OWA to see what communication was passed between HR and the CIO, I see the CIO's response that they are prepared to up my salary by R15k but all as a CTC package. By the end of the week (5 days later, I have still not received my new contract), I check via OWA once again and see that HR has told the CIO that I have accepted the contract and signed for it. HR has told a fib, but still patiently wait for my updated employment contract while continuing to work day in, day out.

He should have stayed on them, to get the contract completed and signed, but he didn't. According to the OP he only went to HR once, and then waited for them to come back to him.

 

[Alton Turner Blackwood]

He probation has expired, he has not gotten a new employment contract.

Since some of the other guys already corrected you on the fact that he didn't agree with the content of the contract, did you know that one can be legally employed without a contract and still be protected under the BCEA, just like an employee with a contract?

Just ask any domestic worker or garden boy :

 

[Pitbull]

@ OP.

In all honesty, you have not signed any contract yet, so thus your 3 months expired. They realised now you have some kind of issue and decided to rather walk away. You're pretty much farked. You can ague that you should have been made perm after 3 months but the company will pay the settlement and walk away. They probably have someone in your place already, you haven't been at work for 2 weeks...

Do I think it's fair? No. Would I have done the same if I was the employer? Yes.

 

[semaphore]

Since some of the other guys already corrected you on the fact that he didn't agree with the content of the contract, did you know that one can be legally employed without a contract and still be protected under the BCEA, just like an employee with a contract?

Just ask any domestic worker or garden boy :

I know that, but him being open about his spy tactics will not bode well for him. Perhaps they picked up on this in some access logs? No idea.

 

[CL-West]

Since some of the other guys already corrected you on the fact that he didn't agree with the content of the contract, did you know that one can be legally employed without a contract and still be protected under the BCEA, just like an employee with a contract?

Just ask any domestic worker or garden boy :

Is there a certain criteria for them to fall under contract, in other words, time worked etc.?

 

[TEXTILE GUY]

They did give him a new contract, but it was wrong and he was told he will have his new one by the end of the same day?

Can this be brought in to account as well?

Makes no difference, if the new contract was not signed it is not valid, and the last agreed contract comes into play - that being the terms and conditions of employment agreed to - as far as I am aware.

 

[CL-West]

Makes no difference, if the new contract was not signed it is not valid, and the last agreed contract comes into play - that being the terms and conditions of employment agreed to - as far as I am aware.

Ah ok, then It doesn't look good for the OP.

But what if he can prove that he went to HR and they said the will come back to him at day end.

I agree its still his responsibility to keep enquiring but can it help?

 

[Kosmik]

Yep.

I could get access to all salary, wages, email, document folders etc if I wanted to with no real hassles (from my side) but I have principals.

IT normally have access to highly sensitive information. You are expected to work with integrity and what he has done is highly illegal.

Quite frankly he should be fired.

 

[Sonic2k]

Which company is this (wants to add it to the blacklist I currently hold - yet another slavery outfit)

 

[w1z4rd]

Flu, not a cold. And going to work while infectious is generally not smiled upon...

I know if I recently hired someone and as their probation period ended they took several days off for work flu I would be unhappy but I would be understanding. But if the guy then tells me on the monday he is going to be off because now his doctor says he has depression... well for me that would be red flag stuff. I would feel like Im getting messed around. Its a different ball game if the guy has been with you for a year or two and you know him, but with a new person... you might get the feeling this person is going to be more trouble than they are worth. A weak and a half sick leave in your first several months is hectic.

Ive also never known anyone in the entire time I have been working that has taken a week and a half off work for flu. Wait, I lie, I know some people in government who do that

 

[AstroTurf]

IT normally have access to highly sensitive information. You are expected to work with integrity and what he has done is highly illegal.

Quite frankly he should be fired.

We could take over the world if we wanted to :twisted: umm, wait...

 

[Electric]

Did you contact them to tell them you were being booked off for a further couple days or did you just go awol?

It sounds to me like you were awol.

 

[Electric]

I know if I recently hired someone and as their probation period ended they took several days off for work flu I would be happy but I would be understanding. But if the guy then tells me on the monday he is going to be off because now his doctor says he has depression... well for me that would be red flag stuff. I would feel like Im getting messed around. Its a different ball game if the guy has been with you for a year or two and you know him, but with a new person... you might get the feeling this person is going to be more trouble than they are worth. A weak and a half sick leave in your first several months is hectic.

^this

I worked for a company for 3 years and fell ill, ended up in hospital.
When I got back after 2 weeks I was called in and asked if my bosses had made the right decision hiring me to which I responded by saying I was legitimately sick and they could check my absenteeism to date to see that I was not the type of person that just took leave for no reason.

You need to understand the financial implications of your actions.

 

[Dolby]

Did you contact them to tell them you were being booked off for a further couple days or did you just go awol?

Yea I wanted to ask this too

Last week Wednesday I fall ill and phone in sick, I go see a doctor later in the day and he diagnoses me with the flu virus. I am booked off sick until Friday. Friday comes and I am unable to get out of bed to go to work, feeling like a bus has driven over me. I go through the weekend bed ridden and not feeling any better

ie booked off Wednesday and Thursday - and expected back Friday?
And did you phone the Friday?

 

[Dolby]

Also - do you even want to work there again, even if you get found not guilty for being AWOL?

I wouldn't

 

[w1z4rd]

Another thing to consider is that this is a new company. Staff are under pressure at this time. So some taking over a week off at this point (unless its like Ebola or something) is very hard on the company.

 

[w1z4rd]

Did you contact them to tell them you were being booked off for a further couple days or did you just go awol?

It sounds to me like you were awol.

Yea I wanted to ask this too

Last week Wednesday I fall ill and phone in sick, I go see a doctor later in the day and he diagnoses me with the flu virus. I am booked off sick until Friday. Friday comes and I am unable to get out of bed to go to work, feeling like a bus has driven over me. I go through the weekend bed ridden and not feeling any better

ie booked off Wednesday and Thursday - and expected back Friday?
And did you phone the Friday?

I think the doctor gave him a week and a half off for flu.

The doctor makes an appointment for me to see a psychologist on Thursday but has booked me off until Friday 19 September 2014.

Which is heavy.

 

[Hemi300c]

Did they inform you correctly in your notification letter about the "charges" and that you are allowed to have a person "of your choice" representing you? If not, go sit there listen and explain and if it turns sour wait till the end and if judgement is given immediately nail them.
You are allowed a representative of your choice (not a legal rep though)
If they decide then and there that you are dismissed them that is a huge no no because the chairperson must decide over a period of time whilst weighing up all evidence as to the outcome. If the do it's forceful dismissal and the CCMA will love it.

Be polite, helpful and honest and everything should go your way.

 

[Shard]

Read it again, it's already outside the first 3 months. He's been working there for 2 weeks after that period came to an end. He was waiting for his new employment contract.

I read it properly the first time. Time means nothing dude, what your signature is on is law, if its a persisted probation contract you can be 15 years into employment and that clause would still apply - although much easier to appeal at that stage.

 

[Sensorei]

Quite frankly he should be fired.

+1