I am going to be dismissed, advice please.

[semaphore]

It does feel good hey
I held my bosses to ransom as well lol.
I resigned and told them I was only going to work another day, in exchange I would complete their contract with a big customer.
If they didn't pay my leave and a full month's salary, I'd walk.

They were in so much *** that they had no choice but to pay my demands.
They did however send a contract for me to sign so that I didn't jump them.
Typical boss fashion though, they worded the contract so that I would actually not get anything I asked for.
I stomped into their office and demanded they change it which they begrudgingly did.

Yeah i have no time for ******* employers these days, I've had two incidents, So before any form of contract signing takes place i put my cards on the table immediately.

 

[Ninja'd]

My favourite line to people who are dismissed for whatever reason is ''I didnt fire you, you fired you, I merely facilitated the process''.

 

[systemofpurplelimpminion]

Hello people

Need some advice on a situation I am in please, will try keep this short and sweet.

Nearly four months ago I started working at a new up and coming advertising company as a developer on a 3 month fixed contract. After my first months working there I was told by both HR and the CIO that I would be made permanent staff after the 3 month period with a increase in salary plus benefits.

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.

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. I phone in on Monday and say I am still not feeling well, I scan and email my medical certificate through and let them know I will be going back to the doctor and let them know. Tuesday I go see the doctor, I am feeling somewhat better but feeling very lethargic. The doctor diagnoses me with depression and advises me to see a psychologist, prescribes me treatment to begin immediately and explains that due to the new job, long hours, high pressurised enviroment, new house and news of my wife being pregnant that they were probably triggers in my depression. The doctor makes an appointment for me to see a psychologist on Thursday but has booked me off until Friday 19 September 2014.

Today I receive an email from HR stating that I have absconded from work and that I need to appear for a Disciplinary hearing on Monday 22 September 2014. In the letter attached, it states I have "breached my terms of contract", I don't even have my new employment contract let alone signed it. It also states "I am in possession of company property (company laptop) and intellectual property that needs to be handed over at the disciplinary hearing on Monday". I presume that the company intends on dismissing me.

I have been working at the company for 2 weeks minus my sick days off without an employment contract.

Considering the above which I have mentioned, what steps could you advise on please?

Honestly, you can get fired for reading confidential emails not destined for you

 

[semaphore]

With the IT industry being so small, I am puzzled how some people behave in the work environment (even if you have a sh*t boss, chances are that he/she is well connected and just sticking to him/her is only a temporary feel-good-moment). I tend to think along the "burn-no-bridges" sentiment. Being unethical in the workplace will eventually come back at that person in any case, so no point to dish out.

I find it fascinating that some people stick it out in a horrible work-environment without career progression, crap work, but somewhat okayish salary. Surely there is more to life (considering that you spend almost 10 hours a day with work) than just drawing a nice paycheck?

While that is true in most instances, I do not usually ever intend to work for a company i resigned from. I resign for a reason, all my reasons have been due to either unethical behavior, or particular things i did not like.

1st Employer, i wrote imaging processing software, rasterization solutions. I stayed there for 5 years on a crap salary, i loved the work, but eventually i could not even make it to half way through the month. My boss refused to give me an increase even when i was the last person on the team that did not resign.

2nd Employer, Was the one with regards to the kidney infection. Left because of his bull**** behavior.

3rd. Employer, I was tired of working close to 21hour days for 3 1/2 years. So i did my time.

4th. Employer, Unpleasant work environment, really bad practices, I was hired to architect new platforms, when i put my ideas forward they just went the **** route. So i thought why am I even here.

5th. Employer - Is where i am currently, and so far i am happy, my boss is awesome, I give him ****, he gives me ****, he rips into me, i rip into him. I was hired here by referral. From a the business director of the 4th employer.

 

[Electric]

I did not beat that dog with a stick, it beat it self.
Stupid dog.

 

[Jet-Fighter7700]

While that is true in most instances, I do not usually ever intend to work for a company i resigned from. I resign for a reason, all my reasons have been due to either unethical behavior, or particular things i did not like.

1st Employer, i wrote imaging processing software, rasterization solutions. I stayed there for 5 years on a crap salary, i loved the work, but eventually i could not even make it to half way through the month. My boss refused to give me an increase even when i was the last person on the team that did not resign.

2nd Employer, Was the one with regards to the kidney infection. Left because of his bull**** behavior.

3rd. Employer, I was tired of working close to 21hour days for 3 1/2 years. So i did my time.

4th. Employer, Unpleasant work environment, really bad practices, I was hired to architect new platforms, when i put my ideas forward they just went the **** route. So i thought why am I even here.

5th. Employer - Is where i am currently, and so far i am happy, my boss is awesome, I give him ****, he gives me ****, he rips into me, i rip into him. I was hired here by referral. From a the business director of the 4th employer.

I guess you live and you learn, even a really bad employer has something to offer , a silver lining of sorts then?
so don't look down on any employer no matter how bad? Interesting learning from the old dogs what do do.........

 

[MagicDude4Eva]

While that is true in most instances, I do not usually ever intend to work for a company i resigned from. I resign for a reason, all my reasons have been due to either unethical behavior, or particular things i did not like.

1st Employer, i wrote imaging processing software, rasterization solutions. I stayed there for 5 years on a crap salary, i loved the work, but eventually i could not even make it to half way through the month. My boss refused to give me an increase even when i was the last person on the team that did not resign.

2nd Employer, Was the one with regards to the kidney infection. Left because of his bull**** behavior.

3rd. Employer, I was tired of working close to 21hour days for 3 1/2 years. So i did my time.

4th. Employer, Unpleasant work environment, really bad practices, I was hired to architect new platforms, when i put my ideas forward they just went the **** route. So i thought why am I even here.

5th. Employer - Is where i am currently, and so far i am happy, my boss is awesome, I give him ****, he gives me ****, he rips into me, i rip into him. I was hired here by referral. From a the business director of the 4th employer.

I didn't mean that one would ever go back to a previous company. Whenever I switched companies it was (with the exception of FNB) never because of a crap work environment but purely because I reached a plateau in what I wanted to achieve and didn't think I could happily continue in that environment. I guess my point was, why (like in your scenario with 1st or 3rd employer) people tolerate such environments for so long. Staying with a company for 3 years and working excessive overtime is surely not sustainable (I get the part when you are a junior and get sucked into the "I need to prove myself" part, but not as a senior).

I also never understood why people quit and need to be vengeful or spiteful to employers because of a horrible job environment. In most cases if those employees had a backbone, they should have raised the issues at the appropriate time without letting it fester (and if their bosses are unapproachable, then quit). There is nothing more embarrassing watching a grown-a##-employee behaving like a child at work, throwing his/her toys out - and I think that is what I was trying to highlight: If you don't like the work environment, attempt to change it and if you can not, move on - work environments and cultures will hardly ever change because of a single person (and from past experience once you get into those "let's to a team-building exercise or come up with our core-values", you better run fast).

Perhaps "all my wisdom" comes from having switched jobs over 15 times in nearly 20 years and having had the opportunity to work in different environments. I just say, that if you spent a significant time at your job (in essence more time than with your partner/children), then you should really make sure that you find a balance of good pay, challenging work environment and great company culture. Sometimes you will have to forego super-high salaries to find satisfaction in your job every day though.

 

[semaphore]

I didn't mean that one would ever go back to a previous company. Whenever I switched companies it was (with the exception of FNB) never because of a crap work environment but purely because I reached a plateau in what I wanted to achieve and didn't think I could happily continue in that environment. I guess my point was, why (like in your scenario with 1st or 3rd employer) people tolerate such environments for so long. Staying with a company for 3 years and working excessive overtime is surely not sustainable (I get the part when you are a junior and get sucked into the "I need to prove myself" part, but not as a senior).

I also never understood why people quit and need to be vengeful or spiteful to employers because of a horrible job environment. In most cases if those employees had a backbone, they should have raised the issues at the appropriate time without letting it fester (and if their bosses are unapproachable, then quit). There is nothing more embarrassing watching a grown-a##-employee behaving like a child at work, throwing his/her toys out - and I think that is what I was trying to highlight: If you don't like the work environment, attempt to change it and if you can not, move on - work environments and cultures will hardly ever change because of a single person (and from past experience once you get into those "let's to a team-building exercise or come up with our core-values", you better run fast).

Perhaps "all my wisdom" comes from having switched jobs over 15 times in nearly 20 years and having had the opportunity to work in different environments. I just say, that if you spent a significant time at your job (in essence more time than with your partner/children), then you should really make sure that you find a balance of good pay, challenging work environment and great company culture. Sometimes you will have to forego super-high salaries to find satisfaction in your job every day though.

Yep i agree fully, I wasn't really vengeful. I wrote some of my best work in my notice period, but at the 2nd I just could not take it. It was to mind numbing, to monotonous and draining.

My current position entails me designing highly available systems, we have a massive branch network so it has its challenges. The hours are great and the pay is decent. I don't work overtime, nor do i work weekends, ever. Unless there is a minor issue. But our systems are built around fault tolerance.

 

[newklear]

agree with this, its pure chance that you got away relatively "clean" from this, are they yet to come back to you with a verdict?
did they give you a timeframe? also agree with toxicbunny, good chance they will drop you on your head after this, but thats my 2c worth.

HR Executive is now off "sick", still waiting to hear the outcome. In the meantime I am still working and carrying on as per usual.
My CIO has indicated we will have a chat when the HR is back and that I will still be paid. Nothing has been mentioned about my employment contract. CIO has given me more work and has another project lined up for me so from what I can tell, I will not be dismissed and will resume full time employment.

Question: My new salary and updated package was supposed to be in place for this end of month's payday. I presume it won't as salaries were already processed on the 17th. Now because a month will pass without an employment contract, does this mean I will be back paid the new remuneration when it comes into place with my new employment contract?

 

[ToxicBunny]

HR Executive is now off "sick", still waiting to hear the outcome. In the meantime I am still working and carrying on as per usual.
My CIO has indicated we will have a chat when the HR is back and that I will still be paid. Nothing has been mentioned about my employment contract. CIO has given me more work and has another project lined up for me so from what I can tell, I will not be dismissed and will resume full time employment.

Question: My new salary and updated package was supposed to be in place for this end of month's payday. I presume it won't as salaries were already processed on the 17th. Now because a month will pass without an employment contract, does this mean I will be back paid the new remuneration when it comes into place with my new employment contract?

Depends on the way your company feels pretty much....

You could probably fight it, but it would mean that you would end up with no employment in short order.

 

[MagicDude4Eva]

Question: My new salary and updated package was supposed to be in place for this end of month's payday. I presume it won't as salaries were already processed on the 17th. Now because a month will pass without an employment contract, does this mean I will be back paid the new remuneration when it comes into place with my new employment contract?

I think you should really get your employment situation sorted. I would have thought that this should have been resolved as part of your disciplinary meeting - in my mind, you should have dealt with the grievance, and seeing that it is a non-event, should have gone with the "will you now extend my contract or offer me a permanent position". Judging on how C-level staff behaves at this company, I would be surprised if your pay would be any different than to your current contract and I would be equally surprised if they would back-pay you the discussed (but not signed off) increase as part of your perm employment.

 

[Jet-Fighter7700]

HR Executive is now off "sick", still waiting to hear the outcome. In the meantime I am still working and carrying on as per usual.
My CIO has indicated we will have a chat when the HR is back and that I will still be paid. Nothing has been mentioned about my employment contract. CIO has given me more work and has another project lined up for me so from what I can tell, I will not be dismissed and will resume full time employment.

not to make you jumpy and nervous unnecessarily, your situation reminds me of a colleague of mine who also went to the hearing(first time as well for him),and had a Union representative assist him, the union rep wiped the floor with them in the hearing, continued there for 2 weeks still getting jobs and projects, but being told constantly awaiting verdict like yours,

only in the end to get an email saying the chairman has found you guilty and to recommend you to be dismissed,

I dont want to make you upset now, and I certainly dont know what going on behind the scenes , but its up in the air at the moment,
my options would get a plan b,c,d,e ready in case the worst comes to it,
as they always say " plan for the worst, but expect the best".

start looking in other words, or at least be prepared to go through hell for a month or 2.

 

[Jet-Fighter7700]

not to make you jumpy and nervous unnecessarily, your situation reminds me of a colleague of mine who also went to the hearing(first time as well for him),and had a Union representative assist him, the union rep wiped the floor with them in the hearing, continued there for 2 weeks still getting jobs and projects, but being told constantly awaiting verdict like yours,

only in the end to get an email saying the chairman has found you guilty and to recommend you to be dismissed,

I dont want to make you upset now, and I certainly dont know what going on behind the scenes , but its up in the air at the moment,
my options would get a plan b,c,d,e ready in case the worst comes to it,
as they always say " plan for the worst, but expect the best".

start looking in other words, or at least be prepared to go through hell for a month or 2.

I know the advice above sounds harsh, but the guy I knew told me HR/management love playing these mind games with people, thinking your safe and nothing will happen to you,
keep giving you jobs, projects and pretending like nothing ever happened, might even still be invited to parties ect......
and then when you least expect it........ the 18 wheeler T-Bones you........

all Im saying is for now get plans drawn up;
might be to be prepared with a CCMA notice, while gathering all the evidence, but keeping your cards close to your chest......
looking for something else, swapping careers,ect ect ect.......
I might be completely off, I do realize that, but can never be too careful? at least when it does happen even if not right now, the plans in the drawer so to speak.

 

[Pitbull]

HR Executive is now off "sick", still waiting to hear the outcome. In the meantime I am still working and carrying on as per usual.
My CIO has indicated we will have a chat when the HR is back and that I will still be paid. Nothing has been mentioned about my employment contract. CIO has given me more work and has another project lined up for me so from what I can tell, I will not be dismissed and will resume full time employment.

Question: My new salary and updated package was supposed to be in place for this end of month's payday. I presume it won't as salaries were already processed on the 17th. Now because a month will pass without an employment contract, does this mean I will be back paid the new remuneration when it comes into place with my new employment contract?

Personally,

I would just extend your contract for another 3 months after what happened. See if it works out, if it does, full time contract. If not... cheers.

But seems like your company has more compassion than I have

 

[Lucas Buck]

OP why do you continually post specifics of your case? I would have waited until everything was resolved before posting anything else in regards to this matter.

 

[TEXTILE GUY]

HR Executive is now off "sick", still waiting to hear the outcome. In the meantime I am still working and carrying on as per usual.
My CIO has indicated we will have a chat when the HR is back and that I will still be paid. Nothing has been mentioned about my employment contract. CIO has given me more work and has another project lined up for me so from what I can tell, I will not be dismissed and will resume full time employment.

Question: My new salary and updated package was supposed to be in place for this end of month's payday. I presume it won't as salaries were already processed on the 17th. Now because a month will pass without an employment contract, does this mean I will be back paid the new remuneration when it comes into place with my new employment contract?

Probably a warning and thats that.
If they were really going to screw you over, you would likely have been suspended.

 

[Alton Turner Blackwood]

OP why do you continually post specifics of your case? I would have waited until everything was resolved before posting anything else in regards to this matter.

I agree. Its almost like he wants them to identify him based on the content of his posts

 

[newklear]

As TEXTILE GUY indicated, just a verbal warning.
Have been handed my updated employment contract. All is good.

Thank You to everyone for their input.

 

[Jet-Fighter7700]

As TEXTILE GUY indicated, just a verbal warning.
Have been handed my updated employment contract. All is good.

Thank You to everyone for their input.

awesome, well done on getting through all this, it could have swung either way, but nice to know all these "hearings" are not rigged in somebody's favor.

 

[Pitbull]

As TEXTILE GUY indicated, just a verbal warning.
Have been handed my updated employment contract. All is good.

Thank You to everyone for their input.

Great news that it all worked out. Now don't do it again you naughty little boy