I am going to be dismissed, advice please.

[MagicDude4Eva]

We don't even know if it had a probation clause, that's not the point. The point is that the last signed documented agreement will always persist past expiry unless conditions change e.g. A new agreement is signed, written notice from either party exercising an exit etc.

So he cant talk about how he should have been on a permanent contract so the protection of that applies to him, it doesn't. He can take action against the employer if he can prove they deliberately delayed it to allow for them to exercise a probation clause outside the 3 months.

I disagree, from the OP post it was said that it was a 3-month fixed contract (i.e. he was a contractor/consultant) and as such his contract would have clauses similar to the ones below in it:

that his relationship with the Company is not an employment relationship and that none of the labour laws which would otherwise govern an employment relationship are applicable to his relationship with the Company, this agreement and/or any dispute arising from either of them;

Either party shall be entitled to terminate this Agreement, at any time, by providing to the other thirty (30) days prior written notice of such intention to terminate.

The Consultant acknowledges that his relationship with the Company is not an employment relationship and that none of the labour laws which would otherwise govern an employment relationship are applicable to his relationship with the Company, this agreement and/or any dispute arising from either of them. In particular the consultant may not claim an unfair dismissal upon the termination of this agreement for any reason whatsoever and if the consultant has any reservations about the nature of this agreement then prior to concluding same he/she is entitled to approach the CCMA for an advisory award in terms of S200A of the Labour Relations Act.

I think it is a bit dangerous to give the OP advice on this topic without actually understanding the employment relationship or the content of the contract as I do think that the OP has no legal grounds if it was a traditional contractor/consultant agreement.

 

[MickeyD]

I think it is a bit dangerous to give the OP advice on this topic without actually understanding the employment relationship or the content of the contract as I do think that the OP has no legal grounds if it was a traditional contract agreement.

Fully agree.

 

[mike6870]

Wait to be dismissed. Go to CCMA. Tell them you were fired when you requested your written contract to be finalised. They will lose big time when they're unable to produce a written contract at the CCMA. Use your award to tide you over in your search for a new job. Good Luck. Let us know what happens.

 

[Fulcrum29]

No, just don't get caught.

You will be shocked how they will actually screw you over.

It is irresponsible to promote unethical behaviour and establishing a bad business practice. I will never trust such an employee in employment or in deployment, this is a breach in security principles and protocols, not to mention that it is an acceptable standard to him which is completely unacceptable in in all established practices. When you can’t abide to ITIL then it is best to leave ICT as a whole in both the private and public sector.

When there are issues within the workplace it is always best to approach the parties involved, do it by invitation to schedule a group meeting on topic in order to establish clarity on the matter at hand, take notes and let everyone who attended the meeting sign, declaring their attendance and points covered.

 

[MagicDude4Eva]

It is irresponsible to promote unethical behaviour and establishing a bad business practice. I will never trust such an employee in employment or in deployment, this is a breach in security principles and protocols, not to mention that it is an acceptable standard to him which is completely unacceptable in in all established practices. When you can’t abide to ITIL then it is best to leave ICT as a whole in both the private and public sector.

When there are issues within the workplace it is always best to approach the parties involved, do it by invitation to schedule a group meeting on topic in order to establish clarity on the matter at hand, take notes and let everyone who attended the meeting sign, declaring their attendance and points covered.

+1 - I don't understand how some adults in the work environment lack any sense of responsibility, ethics and boundaries. Some times I wonder if this is a new-generation issue (i.e. you are born after 1990) - an explanation truly fails me when reading threads like that (and even more so, some advice and endorsements given to promote that type of behaviour). I think that gambling on CCMA will result in tears, but some people just want to learn life's lesson the really hard way.

 

[DA-LION-619]

I don't remember OP asking to be questioned on his diagnosis, he never said he was depressed or gave any reasons for it, the doctor just said he was and what the probably causes were, damn you people are harsh.

 

[DrJohnZoidberg]

Still cannot believe OP intercepted private emails :wtf:

That company is probably lucky they're cutting their losses now.

 

[Sinbad]

I wouldn't be surprised if the email intrusion was detected and will form part of the disciplinary proceedings.

 

[tRoN]

This. Cluster headaches won't take down the entire department, while that kind of flu will.

He just said it wasn't flu. He was probably malingering.
The company is better off getting rid of him

 

[tRoN]

Wait to be dismissed. Go to CCMA. Tell them you were fired when you requested your written contract to be finalised. They will lose big time when they're unable to produce a written contract at the CCMA. Use your award to tide you over in your search for a new job. Good Luck. Let us know what happens.

Pathetic advice. It's guys like you that abuse legitimate claims. This is like fraud!

 

[Electric]

I don't remember OP asking to be questioned on his diagnosis, he never said he was depressed or gave any reasons for it, the doctor just said he was and what the probably causes were, damn you people are harsh.

lol what?

The doc says you're depressed, so you take of work, because you know.... he said so.

LOL, PLEASE!!!

 

[DA-LION-619]

lol what?

The doc says you're depressed, so you take of work, because you know.... he said so.

LOL, PLEASE!!!

Go read it again cause it seems you're failing at comprehension.

 

[Electric]

Go read it again cause it seems you're failing at comprehension.

I am not.

You seem to condone his actions because the doc said he's depressed.
I can find any number of doctors to book me off for stress and depression.
It doesn't mean I'm either of the 2.
Unless I want some time off because then you know it's a pretty valid that a doc says so.

 

[AstroTurf]

Waiting for @Kashbah to reply.

 

[newklear]

Good Morning, a follow up of what transpired today.

Had Disciplinary Hearing at 8:30am, was attended by HR Executive as Chairperson, two other Directors. I was asked if I would like someone from the company to represent me, I declined. I was told my charge was absconding from the workplace. I listened to what they had to say and made notes of what was brought forward. From the onset I could see there was miscommunication on behalf of HR (I had telephoned into HR from the beginning as well as still helping out with various projects for fellow colleagues when I was coherent and able to do so).

One of the Directors even mentioned that it was true I had been helping out "offline". It was clear HR was trying to nail me for which I am not entirely sure (probably his own misconduct). After HR had his say, the two Directors asked me a few questions and presented my medical certificates to validate time off. I mentioned that I did feel bad about taking the time off and if I were the employer wouldn't even hire myself.

I mentioned that I had started therapy and medication for now officially diagnosed 'clinical depression'. I also brought up that I felt it unfair that I still had not received my promised remuneration package as well as not having signed my employment contract. I also mentioned I could therefore not be in breach of contract anyway and have subsequently been working without an employment contract.

HR immediately belted out that I had accepted the employment terms and signed the contract but started eating his own words when he could not produce a signed copy of my employment contract. The one Director immediately called the hearing to an end and did mention he would like to speak with the HR executive in his office.

I am back at my desk and carrying on as per usual waiting to be called into a meeting with one or both of the Directors. I am not sure if I will be given a warning or be pushed on unpaid leave as of yet. I am still awaiting my employment contract.

For the record, I too agree that it is immoral to log into someone's email without their permission, it is not a done thing at all. It is however mentioned in my Job Description that I can log into the Administrators email and anyone elses email if need be to either send an email on behalf of them or to assist with mail configuration. Work email is work email and just that, we have been warned about sending personal material through the work email address. If it is a personal issue, personal email accounts should be used, it is our company policy. There was no mention of me logging into email. Case closed.

Thank You to everyone who contributed good or bad, must say we do seem to have alot of experts here. Even without knowing me, quite a few seem to have made up opinions and passed judgment.

Have a good Monday

 

[ToxicBunny]

I think the lying on the part of the HR person will be enough to sink the "case" from the directors point of view.

I wouldn't be entirely surprised if the offer of the contract is revoked, but then there is very little if anything you can do about that....

 

[Electric]

I would just like to clarify my statements as you may think I was directing everything at you personally.
I was talking to this subject as, yes, we did not know all the facts.

Just looking at the topic as it was laid out I stand by my statements.
If you have followed all the correct guidelines and HR are at fault then this story will follow it's appropriate course.

I still don't agree with your e-mail statements though as you still seem to be justifying it.

 

[AstroTurf]

Yea, waiting to hear the 2n'd part now...

 

[Mike Hoxbig]

Thanks for coming back with an update. Whatever the feedback in this thread, people have raised valid concerns and I hope that you've at least learned something out of all this...

 

[newklear]

I would just like to clarify my statements as you may think I was directing everything at you personally.
I was talking to this subject as, yes, we did not know all the facts.

Just looking at the topic as it was laid out I stand by my statements.
If you have followed all the correct guidelines and HR are at fault then this story will follow it's appropriate course.

I still don't agree with your e-mail statements though as you still seem to be justifying it.

I understand your POV Electric, I am not trying to justify going through emails and make myself appear innocent.
Firstly it was the current Network Administrator whose employment service comes to an end on Wednesday that showed me the initial email between HR and the CIO, also IT regularly go through other employee's email whether it be for assistance, replying on behalf of or even malware/virus/spam prevention. It is just a done thing here at this company even how strange it may sound.