Is this something I can take to the CCMA ? [SORTED]

[acidrain]

I would say that yes, you can take this up with the CCMA as it would likely fall under discrimination.

First speak to your colleague and gather all physical evidence you can:

1. Proof that they were given additional leave
2. Reasons given by the employer as to why they received additional and the criteria they complied with to receive such

Then exhaust all avenues with the Employer. Request a meeting and explain that information had come to light that other employees qualified for additional leave that you also qualified for but you didn't receive any and they did. Explain that you feel you are being discriminated and don't understand why. I wouldn't threaten them with CCMA but just state you want to resolve this internally. I wouldn't push for back pay ( at least not all of it ), your goal here is to get your leave. Show that you willing to compromise for the sake of resolution.

If nothing comes of it, lodge a dispute with CCMA but make sure your colleague is willing to either provide a sworn affirdavit or come in as a physical witness because otherwise it will be a he said/she said game and may not swing your way.

Edit: Just a side of caution. If you do go the route of the CCMA just be prepared to walk on eggshells for a long time. I don't know how lenient your company is when it comes to disciplinary's but if they are somewhat lenient, especially on the small things, they will likely tighten this up which will affect all other staff ( for the sake of equality ).

 

[Smokey888]

I don't really have too much issue with the fact that we have to shut down. There have been years where it's worked out for everyone, and others that ended up with unpaid leave.

I'm happy to manage my own leave in this regard.

The issue I have is that I could have had an easier time managing my leave if it was applied fairly across the board. This they have now addressed, as of yesterday, I (and my staff) do have 20 days leave that can accrue this year, which makes a massive difference.

This effective 1 Jan 2020 is what I am complaining about. I was forced to take unpaid leave, unfairly in my opinion if I was given the leave due to me, the same way leave was given to other people. I took a financial hit, and I expect a financial return if they backdate it to ensure employee equality.



As an old white man, I don't qualify. They get around their BEE requirements by contracting us instead.

then open up your own company and "consult" for them?

 

[Crabby]

then open up your own company and "consult" for them?

I would love to, but then I'd have to front a BEE company, as they are only allowed to use BEE preferred providers.

I started contracting for this client back in 2005 with a contracting house out in Milnerton. The contracting house was then removed from the list of providers due to non-BEE compliance and the client asked me to rather move contracting houses than lose me. I was then approached by my current employer as they were BEE and I've been with them ever since.

So I've been with the client longer than my current contracting house, but still excluded from working directly for the client as my tan isn't strong enough.

 

[Crabby]

You can raise an internal grievance if the company leave policy is documented prior to that date. Then you could escalate it but keep in mind its not a BCEA breach but a contractual breach between employer and employee as they have not applied the stipulated policy. Regardless of them claiming its effective now for your staff, if there is a company-wide documented policy predating that, that states the additional accrual, you have the right to ask for it to be backdated.

Coming back to this, there is nothing in any of the HR docs that even mention increases in leave.

• You will be entitled to 15 working days leave on full pay for each 12 months of completed service.

This is the only line item dealing with annual leave in the last 4 versions of the doc I have, so I have to assume it was at management discretion and I'm sweet out of luck trying to argue for it.

Great...

 

[Kosmik]

Coming back to this, there is nothing in any of the HR docs that even mention increases in leave.

• You will be entitled to 15 working days leave on full pay for each 12 months of completed service.

This is the only line item dealing with annual leave in the last 4 versions of the doc I have, so I have to assume it was at management discretion and I'm sweet out of luck trying to argue for it.

Great...

Look under sections detailing long service.

 

[Crabby]

Look under sections detailing long service.

Nothing in this doc about service. Employee Regulations doc. I need to see if there are more docs with this detail.

Chatting with other colleagues, they were given contract addendums with the additional leave after 10 years without asking for it, it was apparently just 'given'.

 

[The_Mowgs]

So you are employed by company A but contracted to company B. Company B closes for the year and then you are forced to also take leave but what about company A which are your employer, do they also close?

What if company B closes their doors, will you lose your job at company A?

Is this how it works when you are contacting? I mean, its not your fault company B is closed for the holidays, why not just go to your office, which is company A, and sit there until B opens?

 

[Messugga]

The company cannot dictate how many annual leave days you can take when you want to take annual leave unless if it is due to operational reasons, but the operational reason issue must not be a frequent excuse - must happen only once or twice.

Well that's not entirely true. Banking regulations require that certain (all?) staff take at least ten consecutive days of leave per year.

 

[Smokey888]

Well that's not entirely true. Banking regulations require that certain (all?) staff take at least ten consecutive days of leave per year.

True. But you are also allowed to sell your excess leave, correct?

 

[Messugga]

True. But you are also allowed to sell your excess leave, correct?

Well that depends. Not all companies will buy your excess leave and some will even have it expire after a period. Nothing stops you from selling it legally, from what I know. Unused leave needs to be paid out upon resignation.

 

[Kosmik]

No no no, selling of leave is now illegal! Be very careful here.

 

[Crabby]

So you are employed by company A but contracted to company B. Company B closes for the year and then you are forced to also take leave but what about company A which are your employer, do they also close?

What if company B closes their doors, will you lose your job at company A?

Is this how it works when you are contacting? I mean, its not your fault company B is closed for the holidays, why not just go to your office, which is company A, and sit there until B opens?

Company A doesn't close over the break, but neither do they do any actual work other than looking after the clients who might be closed. They won't pay us to sit in an office doing nothing so enforce client leave.

If company B doesn't renew my contract, then company A must move me to another client, else they will be forced to pay me for doing nothing. They sell bums on seats to other companies, nothing else.

I eventually got a response from HR, expected really, but the gist of it is that I am not allowed to question them as discussing confidential information with other employees is against the code of conduct. I lol'd.

Thanks all for the replies and the help everyone, I'm just going to drop this. I've only got 6 - 8 months left with them anyway.

 

[Kosmik]

Company A doesn't close over the break, but neither do they do any actual work other than looking after the clients who might be closed. They won't pay us to sit in an office doing nothing so enforce client leave.

If company B doesn't renew my contract, then company A must move me to another client, else they will be forced to pay me for doing nothing. They sell bums on seats to other companies, nothing else.

I eventually got a response from HR, expected really, but the gist of it is that I am not allowed to question them as discussing confidential information with other employees is against the code of conduct. I lol'd.

Thanks all for the replies and the help everyone, I'm just going to drop this. I've only got 6 - 8 months left with them anyway.

If there is no predating document then you are pretty much out of options. Just ensure your new effective agreement is in writing somewhere or if via mail, save that mail to some offline medium or print it.