Maid taking me to CCMA

[Sam's sister]

So here is a long story. My domestic worker has worked for me for 6 years. 4 days before she was due to go on maternity leave with out telling me when she would return. She said maybe 3 months but she will see. I found my jewellery and cash missing from my house. I opened a case with SAPS and told her she was suspended until SAPS investigated. Paid her for the time she work. Even the week she did not work before she was going on maternity. Last week she asked me to fill out various forms for maternity. I filled them all out and made lots of mistakes on one. The UI-19. She text to tell me I had marked dismissal instead of maternity. I then resent the form with maternity on it. She went on the same day and filled a case with the CCMA. I even sent her a message to say she had not been dismissed. She is not replying to me.
I want to dismiss her properly and pay 2.5 months salary as remuneration as I have lost trust in her. But should I just wait for the CCMA arbitration or pay her and send a letter. She will not answer my calls or reply to text.

 

[RedViking]

/

 

[Bighit]

Well then the CCMA will help you dismiss her properly, just keep proof of texts that you did try and make contact, make an affidavit at SAPS to say you made a mistake on the first form. Make yourself look good for the CCMA. But, you're still going to pay severance so a win win for everyone.

 

[Sam's sister]

Well then the CCMA will help you dismiss her properly, just keep proof of texts that you did try and make contact, make an affidavit at SAPS to say you made a mistake on the first form. Make yourself look good for the CCMA. But, you're still going to pay severance so a win win for everyone.

Thank you. I just want this whole saga over. How long before the CCMA will make contact with me? then what happens

 

[maumau]

Serves you right for having a domestic.

/joking

/but makes me soooooo happy I dont have one.

 

[scudsucker]

I just want this whole saga over. How long before the CCMA will make contact with me?

Why not contact them, and get them on your side by showing you want to do everything right?

 

[TofuMofu]

And this is why I will NEVER have someone work for me. I'd rather just clean up my own mess.

 

[Sam's sister]

Why not contact them, and get them on your side by showing you want to do everything right?

Can I do that. Call them and tell them I want to resolve this and how do I do that? I thought I had to wait for the hearing? Thanks for that.

 

[scudsucker]

You would have to wait for a hearing anyway, but you would have a better idea of what to expect.

You could possibly avoid a hearing and arrange a settlement. The CCMA would be happy to avoid the hearing and may mediate instead.

In any case, proof that you approached the CCMA will help your case if there is a hearing.

 

[Drifter]

CCMA case can take a year or longer, as happened with my daughter. It is now 5 years and still not finalised, even though the CCMA found in her favour and an instruction was given for X amount to be paid to her.

 

[AdrianH]

LOL, made a mistake between dismissal and maternity.

 

[TheMightyQuinn]

You would have to wait for a hearing anyway, but you would have a better idea of what to expect.

You could possibly avoid a hearing and arrange a settlement. The CCMA would be happy to avoid the hearing and may mediate instead.

In any case, proof that you approached the CCMA will help your case if there is a hearing.

At CCMA a "hearing" and "mediation" is the same thing. The commissioner's main job is to mediate and find a mutual agreement, so as to avoid labour court at all costs.

You cannot "avoid a hearing and arrange a settlement " once a case has been referred to the CCMA. People will HAVE to meet in a room, sit across from a table and hash this thing out.

Calling ahead of time will make no difference as:

• The chances of reaching ANYBODY is extremely slim and the chances of speaking to the actual person allocated to your case is zero.
• You will still have to go and pyhysically partake in the hearing, regardless of any prior discussions or phone calls.
• Due to current Covid situation, the CCMA is on the brink of closing down until further notice.

@Sam's sister The horse has bolted but in cases like this a MSA is the best route to go ( Mutual Separation Agreement).

 

[TheMightyQuinn]

CCMA case can take a year or longer, as happened with my daughter. It is now 5 years and still not finalised, even though the CCMA found in her favour and an instruction was given for X amount to be paid to her.

Why has it not gone to Labour Court yet? If the CCMA has made a ruling, both parties sign a document agreeing to the ruling with a very specific time frame for payments etc.

If that agreement is not adhered to, you go back to the CCMA and the case is referred to labour court.

 

[TheMightyQuinn]

Can I do that. Call them and tell them I want to resolve this and how do I do that? I thought I had to wait for the hearing? Thanks for that.

No, you cannot. You have to wait for the hearing.

 

[Sam's sister]

At CCMA a "hearing" and "mediation" is the same thing. The commissioner's main job is to mediate and find a mutual agreement, so as to avoid labour court at all costs.

You cannot "avoid a hearing and arrange a settlement " once a case has been referred to the CCMA. People will HAVE to meet in a room, sit across from a table and hash this thing out.

Calling ahead of time will make no difference as:

• The chances of reaching ANYBODY is extremely slim and the chances of speaking to the actual person allocated to your case is zero.
• You will still have to go and pyhysically partake in the hearing, regardless of any prior discussions or phone calls.
• Due to current Covid situation, the CCMA is on the brink of closing down until further notice.

@Sam's sister The horse has bolted but in cases like this a MSA is the best route to go ( Mutual Separation Agreement).

Thank you this is very insightful. I am totally clue less and feeling totally helpless. I don't want this stress and pressure on me. We are already lost so much and just want this over with. How do I go about getting a Mutal separation agreement. Any help would be highly appreciated. She has filled through some workers union and on the forms it does not have her address or telephone number and she is not replying to me. I just have no clue here. Feel like I'm drowning.

 

[R13...]

You'll luckily be able to be rid of but it'll cost you a lot more than 2.5months in pay. You can't try to now retrospectively dismiss her procedurally

 

[B-1]

Thank you this is very insightful. I am totally clue less and feeling totally helpless. I don't want this stress and pressure on me. We are already lost so much and just want this over with. How do I go about getting a Mutal separation agreement. Any help would be highly appreciated. She has filled through some workers union and on the forms it does not have her address or telephone number and she is not replying to me. I just have no clue here. Feel like I'm drowning.

Just leave it till the hearing? You already said you are willing to pay her severance so its not likely that it will cost more than that.

 

[TheMightyQuinn]

Thank you this is very insightful. I am totally clue less and feeling totally helpless. I don't want this stress and pressure on me. We are already lost so much and just want this over with. How do I go about getting a Mutal separation agreement. Any help would be highly appreciated. She has filled through some workers union and on the forms it does not have her address or telephone number and she is not replying to me. I just have no clue here. Feel like I'm drowning.

Firstly do not stress at all. The CCMA is very fair and NOT biased towards the employee as is generally led to believe.

Wait to be informed of the hearing, go there and tell your side of the story.

The "worst" that can happen is that you have to pay her some extra salary/maternity leave based on what the labour law stipulates. There will be no other "extra" payments of thousands and thousands of ZAR etc.

You cannot dismiss someone during maternity leave and the "theft" will never be proven. The fact that you kept paying her however, will stand you in good stead. I hope there are payslips and proof that you did pay her?

IF they determine Unfair Dismissal and request that you re-instate her, just claim "Broken Trust" . You will at most be requested to pay her 1 Month Salary ( or whatever Labor Law dictates during maternity leave) and applicable Leave Accrued.

Pay her whatever they say and walk away.

 

[TheMightyQuinn]

You'll luckily be able to be rid of but it'll cost you a lot more than 2.5months in pay. You can't try to now retrospectively dismiss her procedurally

How so?

 

[R13...]

How so?

Because when she wins they'll award her more than 2.5 months.