Message received from CCMA

[MPB]

Hi,

Kindly please advice,

Recently I bought a property where a domestic worker used to help them on keep it clean for over 8 plus years or so.
I have in my mind that she know the property well and could help on maintaining the property and asked to work for us but we don't know the normal pay on the market. There is no written contract between us and she even don't know my actual name and surname.
She started the same day after the property registration which is a mid of the month OCT.
We did had a verbal chat that if no work no pay. She was on leave with a short notice from mid Dec to Jan. So paid half in Dec. and half in Jan. as we hired someone to assist on the leave period.

And we realized a month later that we paying way more than market related and the heard previous owner of the property did paid the market related. And we did even warned about the timings as she don't even work 7 hours a day including a lunch break but she didn't care and she does the work on her own. Half days on Fridays. So we informed her 10 days before don't come after the 31.Jan.

Now I received a message from CCMA on my mobile phone with my calling name DISMISSAL REASON UNKNOWN.
I really don't know why she is doing this to us as we are really a decent family never been into these issues.

My concerns are.
1. No written contract between us.
2. In my point of view we notified 10 day's before the dismissal.
3. What to prepare in-terms of the CCMA.
4. What would I have to end-up in-terms of the money.

Please advise urgently, Much appreciated.

Rgds,
B

 

[xrapidx]

1. Your fault
2. Not correct.
3. Yip - they'll find you.

 

[MPB]

1. Your fault
2. Not correct.
3. Yip - they'll find you.

Thanks for the reply, I have thought it and just updated a bit.

 

[xrapidx]

Unfortunately - I believe the law is going to be completely on their side, no UIF, etc - you'd probably end up paying a couple of months salary.

 

[Kosmik]

Unfortunately - I believe the law is going to be completely on their side, no UIF, etc - you'd probably end up paying a couple of months salary.

He only had her for three months, doubt he can be charged for more than that , probably one months salary.

Saying that OP, your no work, no pay rule makes no sense over December as she would be entitled to leave and should have earned at least two employed days worth by then. Anything more than that would be unpaid.

 

[Snyper564]

He only had her for three months, doubt he can be charged for more than that , probably one months salary.

Saying that OP, your no work, no pay rule makes no sense over December as she would be entitled to leave and should have earned at least two employed days worth by then. Anything more than that would be unpaid.

Agreed, also market related is abs SH!@ there is a reason we call the lady that helps us a domestic goddess. I wouldn't dream of paying her that little. The house, clothing, furniture is kept in immaculate condition and she deserves commensurate remuneration...

This whole mentality of paying someone the minimum wage is ridiculous, why do you get paid that! If we are privileged enough to hire someone provide employment etc the minimum from our side is just not cool.

Maybe you should just not have anyone...

On that note Ill leave this, as it appears that that's the route you are going you let someone go because you realised that you paid more than the "market"

 

[MPB]

Thank for the reply,
When we say month salary
Will that be previous owners salary X
Or which i paid Y?

 

[Snyper564]

Thank for the reply,
When we say month salary
Will that be previous owners salary X
Or which i paid Y?

Obviously what you paid, what they paid has nothing to do with the current situation...

 

[Lupus]

How many days a week did she work? How many hours did she work? Also she only worked for three months for you? I think that is only a two week notice period?

 

[MPB]

How many days a week did she work? How many hours did she work? Also she only worked for three months for you? I think that is only a two week notice period?

5 Days a week (Fridays half day)
less than 7 hours a day
3 and half months.
Informed 10 days before

 

[Tabac]

Agreed, also market related is abs SH!@ there is a reason we call the lady that helps us a domestic goddess. I wouldn't dream of paying her that little. The house, clothing, furniture is kept in immaculate condition and she deserves commensurate remuneration...

This whole mentality of paying someone the minimum wage is ridiculous, why do you get paid that! If we are privileged enough to hire someone provide employment etc the minimum from our side is just not cool.

Maybe you should just not have anyone...

On that note Ill leave this, as it appears that that's the route you are going you let someone go because you realised that you paid more than the "market"

 

[Recallza]

Is it advisable to have an employment contract for a domestic worker that'll only work 1 day a week?

 

[xrapidx]

Yes

 

[Tabac]

Is it advisable to have an employment contract for a domestic worker that'll only work 1 day a week?

Yep. Mine works 2 days a week and i made her sign a contract. Just in case.......

 

[Recallza]

Yep. Mine works 2 days a week and i made her sign a contract. Just in case.......

Thought as much... Did you just use a generic contract? I managed to find one off legalwise.co.za

 

[wardexile]

Sounds like a 3 month probation period...

 

[Tabac]

Thought as much... Did you just use a generic contract? I managed to find one off legalwise.co.za

Yip. Just generic then add or delete as needed. And a copy of her ID.

 

[MPB]

Sounds like a 3 month probation period...

Correct. Normally 6 months considered as a probation period.

 

[xrapidx]

Great - so you have that in the contract she signed?

 

[MPB]

Great - so you have that in the contract she signed?

No I don't have any signed contract with her which is the problem.