I am going to be dismissed, advice please.

[semaphore]

Maybe you shouldn't play keyboard psychiatrist...? We don't know the details of this guy's life and mind.

Don't care. Careless acts are no excuse if you're not ready.

 

[OrbitalDawn]

Don't care. Careless acts are no excuse if you're not ready.

Uh-huh.

 

[noxibox]

I work even with my cluster headaches, granted i have a blanket over my head blocking out most light.

Well that's your problem.

But, your contract is probably a Probation Contract which will carry a clause allowing the company to fire you back into the unemployment pool if they feel like it.

People like saying this, but it isn't true. An employer in South Africa cannot simply terminate during probation without good cause and having followed the required procedures.

If you have not signed a permanent contract, you still under this, as any contract on expiry will persist its conditions if the relationship remains unchanged.

Well that doesn't help the employer either as it means they've agreed to another three month contract, and won't be able to call it probation unless they can show good reason. So they can pick between that and the default contract created by labour law, then try to defend their position.

So if you have one of those, "Either party may terminate the agreement in the first 3 months with no recourse" clauses in your 3 month contract, they can dismiss you, yes.

They can try for sure. They'd risk serious repercussions.

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

In South Africa you always have a contract. If an employer fails to have you sign one, then the default in the law takes over.

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.

Then they'd bring that charge, not something else.

Also to be frank, you worked on a 3 month fixed contract and a company has no obligation to hire you after expiry of such contract. In fact contracts of such temporary nature will always have clauses such as immediate termination of the contract by either party within a set period of time (and considering the contract was only 3 months, I would think that notice would be no more than 2 weeks). I also doubt that such contract would have any clause for automatic extension in there.

If the company has allowed the employment to continue without signing a further fixed term contract they've created a real problem for themselves.

AFAIK, temporary contracts of such short notice do not carry any provision for leave, sick leave etc - you are a "contract worker / freelancer", but this would really be properly defined in your terms of the contract itself.

That depends on whether the person is independent or not. The fixed term of the contract is not sufficient. Most contractors are employees and entitled to all standard benefits, including bonus schemes, pension funds, discounted medical. Basically anything the employer offers to their permanent staff. Most companies breach this requirement, but they can be hammered for it.

In my mind you are not fired, as your employment condition in terms of your 3-month contract finished. There might be a opportunity of interpreting your employers continuance in payment of an extension of contract (i.e. your contact terminated in July, but you continued working in August and got paid).

It could be interpreted that they've decided to make him permanent since otherwise they'd have had him sign another fixed term contract.

In my opinion, I think you should look for another job and close off with your current company and in the best case make sure that you received pay for service rendered.

If they've been asses now they probably will do it again, so moving on is best unless there really is no other option.

I also think that with your next employment you should respect your employers privacy and not snoop in people's private mail

They don't respect yours, so it's up to each to decide if they want to reciprocate.

 

[semaphore]

They don't respect yours, so it's up to each to decide if they want to reciprocate.

Care to explain how? As far as i can tell with my employer they respect my privacy perfectly fine.

Furthermore with your statement "decide if they want to". In my industry someone snooping in others emails would be considered corporate espionage. So pretty **** advice there.

 

[Electric]

I don't know how ppl are justifying snooping in someone's mail box.

 

[semaphore]

I don't know how ppl are justifying snooping in someone's mail box.

Yeah, I for one couldn't care if OP is fired to be honest. Dishonest scum should be removed. We've had issues at work with people doing exactly this, which caused major issues for us.

 

[Electric]

Yeah, I for one couldn't care if OP is fired to be honest. Dishonest scum should be removed. We've had issues at work with people doing exactly this, which caused major issues for us.

I agree.
Fire him.
This entire story screams entitlement.
You messed up, took unnecessary leave, snooped on your bosses & HR.

You're like the guy that gets bust calling sex lines on his work phone and then complaining that they breached your privacy by checking your call log.

Don't do the crime if you can't do the time.

 

[kianm]

He may have already done that, there is a fair amount of detail in his first post, hopefully no one from his works reads this forum.

Yes very risky. 1+1=2

 

[Jet-Fighter7700]

I agree.
Fire him.
This entire story screams entitlement.
You messed up, took unnecessary leave, snooped on your bosses & HR.

You're like the guy that gets bust calling sex lines on his work phone and then complaining that they breached your privacy by checking your call log.

Don't do the crime if you can't do the time.

I feel so sad for you dude, you do have my sympathies, really and truly.

sad truth dude, Im sure somewhere in your contract it specifically says its not allowed to snoop on your boss emails,
even the old one you signed (fixed term).

this email story will have your case fall apart at the hearing! and afterwards at the CCMA Im not 100% sure they will like this bit of info as technically its illegal.
at least according to common law, and who knows what implications a ILLEGAL action such as your snooping will have on your future career.
(also mentioning it by name on a public forum such as myBB)

if you have access to info as an IT professional, you deal with it with integrity and professionalism, its like working in a bank only instead of money, you work with confidential info

 

[RazedInBlack]

Did you phone them after the sick period expired?
Or did you just not go back?

And yah, why the f did you spy on their mails?

Wait! How is OWA spying? You still have to use your username and password to log in. Right?

 

[Electric]

Wait! How is OWA spying? You still have to use your username and password to log in. Right?

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.

Seems to me like he was doing more than just reading his own mails.

 

[RazedInBlack]

Seems to me like he was doing more than just reading his own mails.

I see!

using OWA to see what communication was passed between HR and the CIO

 

[kianm]

Wait! How is OWA spying? You still have to use your username and password to log in. Right?

That's what got me wondering from earlier posts where some people where mentioning bad design. I disagree that OWA is bad design and in this instance i'm sure OP had to authenticate into the mailbox. That's not IT's fault that he has the credentials

 

[TEXTILE GUY]

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?

Mmmm interesting question - Ch4 S28 (2) - of the BCEA deals with this.
The employer must give the employee an ammended contract, but interestingly, S 31 makes the record keeping the EMPLOYERS duty.

Having said that - the company complied with Ch4 S28 (1), and there are no time frames mentioned for the contract to be agreed.
Having said that, I imagine that the company may argue that its customary or common to issue a contract within 30 days after employment or ammendment, and the fact that this guy wasnt present to sign off on the contract may well be his downfall. Certainly that would be how I would deal with this if it were my employee.

I still think this will hinge on the timing - the days off are the issue in question.
Again, the employee needs the evidence that he had informed the employer - or at least made the effort, and I think this may be the guys undoing, assuming the probationary clause was in play.

 

[Cray]

That's what got me wondering from earlier posts where some people where mentioning bad design. I disagree that OWA is bad design and in this instance i'm sure OP had to authenticate into the mailbox. That's not IT's fault that he has the credentials

Nothing wrong with the standard security in OWA, however if passwords are shared or an admin has messed with Mailbox security then users could easily open up other people's mailboxes,

 

[Mike Hoxbig]

The guys been working for the company for two weeks, he stays off work for the ****ing cold? I work even with my cluster headaches, granted i have a blanket over my head blocking out most light.

I started at my new job on 1 September, this Monday (15 September) I got the flu. Been coming in every day this week, and apologised to my colleagues that I will try my best not to pass it on to them, but I have to come in because it reflects badly if I take sick leave after 2 weeks. This is against my belief that sick people must stay at home, but there was really no other option.

Sometimes you just have to man the eff up and do what is necessary.

As to going through their correspondence, that's a serious no-no. He should have been nagging them for his contract so that he could have a personal copy for his record.

Of course for his disciplinary hearing, he could present evidence of what he's mentioned in the OP, i.e. the doctor's note and the lack of a signed copy of his contract from HR. If HR believes that he is contravening his contract, they must be able to present a signed copy of it.

 

[Electric]

Even if I was given my manager's password, I would not use it on principle.
And it is still snooping regardless of how you mold the story to suite your agenda.

 

[SauRoNZA]

LOL @ OP spying on people's email and then wondering why he needs to be dismissed.

If you can't even get that part of your ethics right who is going to believe that you were ever really sick or depressed.

Maybe you are depressed because of the guilt related to this and other such actions?

 

[Electric]

Depressed because he touches himself too much?

It happens to me all the time

 

[Frankie_Yale]

Depressed because he touches himself too much?

It happens to me all the time

hey man this is a serious thread.

show a little sympathy. some people really have it tough in life you know