Maid taking me to CCMA

[Sam's sister]

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.

Thank you that is very reassuring. I have read so many stories about paying 12/24mths pay. Also I guess it's a very emotive topic. Appreciate all your help and feed back. Have not slept since Friday.

 

[TheMightyQuinn]

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

No they won't. The CCMA enforces the Labor Law to the letter. They do not impose "penalties"...they cannot.

Not even a Labour Court will force anybody to pay more than what the Law prescribes in a simple case like this...and a simple case like this will not even reach Labor Court.

 

[Drifter]

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.

It Was in labour court

 

[Geoff.D]

When all this started we weaned ourselves off having any domestic workers. We simply waited until they either left or helped them find other jobs and then got out of the rat race.

One of the best decisions we ever took. Now it is strictly casual labour support on a daily basis as and when needed. It turns out it is actually quite easy to do without.

 

[Magandroid]

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.

Have you started reading up in the CCMA processes? Educate yourself during this period and you'll feel less clueless and helpless. It will also take off some of the pressure and stress if you understand the basic processes. If you can post here then it can be assumed you have access to the internet and you can do your research as there are many websites that offer information. Do your research and you will be better prepared for your meeting.

 

[TheMightyQuinn]

It Was in labour court

OK then...not in the mood for pulling teeth here, so.....as you were.

 

[TheMightyQuinn]

Have you started reading up in the CCMA processes? Educate yourself during this period and you'll feel less clueless and helpless. It will also take off some of the pressure and stress if you understand the basic processes. If you can post here then it can be assumed you have access to the internet and you can do your research as there are many websites that offer information. Do your research and you will be better prepared for your meeting.

OR speak to and listen to people that have been through the process a few times...instead of reading clinical info that is rarely applicable to what actually happens in a real CCMA hearing.

 

[rvZA]

Your first mistake was to employ a domestic worker. New laws in SA has made this sector impossible. Save up at least a year's salary, learn a valuable lesson and move on with your life.

 

[LazyLion]

CCMA is not interested in the truth. They want to know how much you are going to give the employee as "settlement".
So just wait for the hearing, and make an initial low offer, they will come back (as they always do) and say you need to offer more.
Then you make your final offer and they tell the maid to accept it. Standard operating procedure.

 

[Desig]

What's scary is that you trusted her for so many years yet she's proven that she wasn't worth your trust. Sorry you have to go through this

 

[Foxhound5366]

What's scary is that you trusted her for so many years yet she's proven that she wasn't worth your trust. Sorry you have to go through this

You're going to take the side of the person who filled an official form, making "a lot of mistakes", like marking "dismissal" instead of "maternity"???? No ways. There's zero chance. That's not a "mistake".

 

[RedViking]

You need to make up your mind.

So did you, or did you not dismissed her.

You say you made a mistake and it should be maternity.
Then you go ahead and say you want to dismiss her.

She can't take maternity forever. So she has to be back by the date stipulated. Otherwise she must resign.

You can't dismiss someone just because they having a kid.. If she does not return to work after the stipulated period, then you can dismiss her. Will probably not even be necessary if she ignores your messages. Wait for the time she haS to be back. If she does not return for work, send her a message. If she ignores the message. Send her another message as a last warning. After that, take HER to CCMA

What is the result from the SAPS case?

Something tells me you are going to need a lawyer to help you sort your the case of theft and get a proper investigation going.

If you are 100% sure it was her and you have valid proof. She is in trouble anyways.

As much as the law makes it more challenging to unfairly dismiss someone, this is one of the reasons why the law is needed.

There is more to this story.

 

[RedViking]

Your first mistake was to employ a domestic worker. New laws in SA has made this sector impossible. Save up at least a year's salary, learn a valuable lesson and move on with your life.

This is the exact reason why these laws are needed.

 

[rvZA]

This is the exact reason why these laws are needed.

Keep these laws coming....

 

[Sam's sister]

You're going to take the side of the person who filled an official form, making "a lot of mistakes", like marking "dismissal" instead of "maternity"???? No ways. There's zero chance. That's not a "mistake".

Ii was a mistake. Why would I have filled out all the other maternity forms as well and rectified my mistake and resent. If I wanted to dismiss her I would not have filled out any form for maternity leave

 

[Sam's sister]

You need to make up your mind.

So did you, or did you not dismissed her.

You say you made a mistake and it should be maternity.
Then you go ahead and say you want to dismiss her.

She can't take maternity forever. So she has to be back by the date stipulated. Otherwise she must resign.

You can't dismiss someone just because they having a kid.. If she does not return to work after the stipulated period, then you can dismiss her. Will probably not even be necessary if she ignores your messages. Wait for the time she haS to be back. If she does not return for work, send her a message. If she ignores the message. Send her another message as a last warning. After that, take HER to CCMA

What is the result from the SAPS case?

Something tells me you are going to need a lawyer to help you sort your the case of theft and get a proper investigation going.

If you are 100% sure it was her and you have valid proof. She is in trouble anyways.

As much as the law makes it more challenging to unfairly dismiss someone, this is one of the reasons why the law is needed.

There is more to this story.

The problem is she has not given me a date of when she is going to return, she said she would probably take three months but might take more so never gave me a confirmed date of return. I am 100% sure it is her but I don't have any proof. SAPS have been no help at all. They were supposed to finger print and go to her house to questions her but have not done anything

 

[Sam's sister]

The problem is she has not given me a date of when she is going to return, she said she would probably take three months but might take more so never gave me a confirmed date of return. I am 100% sure it is her but I don't have any proof. SAPS have been no help at all. They were supposed to finger print and go to her house to questions her but have not done anything

I would never dismiss someone for having a child. I have three children myself. That is insane to thing I want to dismiss her because she is having a child

 

[Illegal Allien]

I would never dismiss someone for having a child. I have three children myself. That is insane to thing I want to dismiss her because she is having a child

Why would you ask the maid when exactly she is coming back, as an employer wouldnt you advise your domestic on exactly what the legal position towards maternity leave is?

Secondly knowing the bereaucracy in South Africa, you were not bothered at all to fill in UIF forms correctly knowing full well your domestic could actually end up unpaid because of your Mistake?

 

[Illegal Allien]

You need to make up your mind.

So did you, or did you not dismissed her.

You say you made a mistake and it should be maternity.
Then you go ahead and say you want to dismiss her.

She can't take maternity forever. So she has to be back by the date stipulated. Otherwise she must resign.

You can't dismiss someone just because they having a kid.. If she does not return to work after the stipulated period, then you can dismiss her. Will probably not even be necessary if she ignores your messages. Wait for the time she haS to be back. If she does not return for work, send her a message. If she ignores the message. Send her another message as a last warning. After that, take HER to CCMA

What is the result from the SAPS case?

Something tells me you are going to need a lawyer to help you sort your the case of theft and get a proper investigation going.

If you are 100% sure it was her and you have valid proof. She is in trouble anyways.

As much as the law makes it more challenging to unfairly dismiss someone, this is one of the reasons why the law is needed.

There is more to this story.

Exactly my thoughts as well. OP dismissed the domestic and is now trying to do an about turn. But anyways the CCMA and labours courts will impartially settle this.

 

[RedViking]

The problem is she has not given me a date of when she is going to return, she said she would probably take three months but might take more so never gave me a confirmed date of return. I am 100% sure it is her but I don't have any proof. SAPS have been no help at all. They were supposed to finger print and go to her house to questions her but have not done anything

You give her the date.