Legal situation

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Messugga

Honorary Master
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Hey guys

I have a bit of a problem. At the end of last month, the company I was working for, notified us that they can no longer afford to pay us full-time salaries.
We were then told that we were going to be paid on a per-project basis. Normally I wouldn't have a problem with it, but it works out that they wanted to pay me about a quarter of my previous salary. I kept quiet and contacted the CCMA about this, in order to find out where I stand.
I was told that I should inform them that they cannot legally just change our payment schemes and that they should either continue to pay me my previous salary (Some of which is still outstanding for last month, I might add) or retrench me formally.

They just informed me via email, that the company has chosen to fire me, not retrench me, effective immediately and that I should feel free to take things to the CCMA as there are no terms or conditions on paper that I can challenge. This is true, as they never supplied us with formal contracts, always saying that they're coming.

I then contacted the CCMA again and they told me to file a dispute.

This is actually quite sad, as I enjoyed most of my time at the company, and have never given them reason to have issues with me, even though they ripped me off with my salary a couple of times.

What I want to know is, what should I be expecting in terms of legal actions and how will the affect me record when it comes to future employment? How should I handle it when an interviewer asks me why I left my previous job, etc?

This is the first time I've ever left a job on anything but superb terms with my employers.

Any advice would be appreciated
 
Don't worry too much. It doesn't sound like this company will survive. You've convinced me, so a future emplpyer should understand.

It doesn't matter if you haven't a written contract. As long as you have evidence of payment and so on. Even a statement from co-workers will do.
 
Even without the contract they are still bound to the basic conditions of employment act, which it sounds like they have contravened. And you have nothing to worry about regarding the way it will be interpreted on your CV - just be honest - do not lie. The only problem you might have is stating on your CV that you were fired. Seeing as they didn't supply you with a contract of employment and that they agreed to pay you on a per-project basis, state on your reason for leaving that the work was contractual/consultant-based/project based.

If they ask about this in an interview (which they will), then just be completely honest with them, without bad-mouthing the previous employers. The CCMA might not be able/willing to help you depending on how much you were earning by the way. Sounds like you need to cut your losses - it's a pity that the company might get away with this though. Like Sackboy says, it doesn't sound like they are going to last in any case.

Sorry to hear...
 
DJ... said:
Even without the contract they are still bound to the basic conditions of employment act, which it sounds like they have contravened. And you have nothing to worry about regarding the way it will be interpreted on your CV - just be honest - do not lie. The only problem you might have is stating on your CV that you were fired. Seeing as they didn't supply you with a contract of employment and that they agreed to pay you on a per-project basis, state on your reason for leaving that the work was contractual/consultant-based/project based.

If they ask about this in an interview (which they will), then just be completely honest with them, without bad-mouthing the previous employers. The CCMA might not be able/willing to help you depending on how much you were earning by the way. Sounds like you need to cut your losses - it's a pity that the company might get away with this though. Like Sackboy says, it doesn't sound like they are going to last in any case.

Sorry to hear...
Click to expand...

I'm just the first in the salvo of CCMA complainants. Three of the other guys are going as well, as far as I'm aware, they're just waiting to see what's happening with me.

I'm just pissed off that we weren't given a choice about what would happen regarding our payment, and when telling them it's not on and that I won't settle for it, they fire me.
They said that they're firing me because they cannot afford me. Isn't that sort of the definition of retrenchment? All I wanted was my severance package...
I have this in email form, so hopefully that counts for something.

Fortunately one of their disgruntled clients loves me, and have offered me some contract work to do in the interim. Not a terrible amount of it, but it pays pretty well so I won't complain.
 
Ja, I would say you have a fairly good case at the CCMA. This company has contravened several regulations, not least ...

1) Failing to provide you with a written formal contract
2) Changing the terms of the contract of employment (even if a verbal contract)
3) Withholding your salary.
4) Dismissal without valid reason.
 
I've seen the company failing, coming for a few months now. It's just a pity that things ended like this.

Of course, now comes the fun part: Finding a job in this crappy economy.
 
Messugga said:
I've seen the company failing, coming for a few months now. It's just a pity that things ended like this.

Of course, now comes the fun part: Finding a job in this crappy economy.
Click to expand...

And I imagine jobs are even scarcer in Bloemfontein.
 
blunomore said:
And I imagine jobs are even scarcer in Bloemfontein.
Click to expand...

Thanks for pointing that out. Now I'm even more depressed.
Jhb wouldn't be an issue but due to my current situation, I can only move there in June next year, at the earliest.
 
I think take them on either way. You do have a case with the CCMA and at best you should get a few weeks pay out of them. You don't have much to lose. If you let them get away with this then the next company they will be that much more likely to pull **** like this off again.
 
kingmonty said:
I think take them on either way. You do have a case with the CCMA and at best you should get a few weeks pay out of them. You don't have much to lose. If you let them get away with this then the next company they will be that much more likely to pull **** like this off again.
Click to expand...

Agreed. There are also some other legal issues that I'm tempted to make the appropriate groups aware of.
For one, I'm fairly sure that the tax that has been subtracted from my salary every month didn't make its way to SARS. I want to make sure I'm good with them. Will go speak to them on Monday.
 
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