Problems with domestic worker

EC cop on the run after allegedly stealing guns

Did you try unplugging it, wait 10 minutes, plug back in?

Edit: sorry didn't read the whole post, just throw it out and get a new one.
 
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I am glad you got sorted. Think you were very generous actually. The ccma actually has a decent advice line and it is worthwhile to have the appropriate agreement in order so as to avoid paying school fees down the line.

sonialinden said:
This has been a nightmare, and I am not anticipating on hiring any domestic help / maids / nannies ever again.
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Yip, had to go to Ccma today as our nanny claimed unfair dismissal (she resigned in Aug). She didn't even pitch and the case was dismissed. I feel the same way you do and will rather employ two different people for fewer days a month so that they don't fall over the set threshold. Will have to see if that arrangement can work but will have a written agreement in place irrespective.
 
sonialinden said:
*Update* I called the CCMA. They said if she was working less than one year and less than 24 hours a month there's no need for retrenchment process. They also told me that I am not obligated to pay her any severance.

I just texted her to go on maternity leave early, starting this week, and I said that there will be no need for her coming back to work, as the tenants' lease is up. I offered to pay her 3 months maternity leave in one money transfer. I really just want to be done with her and solve this situation peacefully.

I chose not to confront her about missing work days, because that will most likely sparkle some CCMA action that I cannot deal with from the overseas.

This has been a nightmare, and I am not anticipating on hiring any domestic help / maids / nannies ever again.
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good, no time for bleeding heart bullshyte ..... so much for the 'advice' from some in here, took the CCMA themselves to say you owe her jack.
 
You really should think twice before accepting advice from the CCMA call centre. They are not qualified legal practitioners and I have heard numerous stories of the bad advice that they give.

I hope all works out fine for you. Just understand that, no matter you nice and generous you are, the employee will still have the right to refer a dispute to the CCMA if you dismiss her. And if that happens, you will be asked what procedure you followed before dismissing her.

You may have valid reasons for terminating her services, but without following proper procedure, you will have trouble.
 
Puscifer said:
You really should think twice before accepting advice from the CCMA call centre. They are not qualified legal practitioners and I have heard numerous stories of the bad advice that they give.

I hope all works out fine for you. Just understand that, no matter you nice and generous you are, the employee will still have the right to refer a dispute to the CCMA if you dismiss her. And if that happens, you will be asked what procedure you followed before dismissing her.

You may have valid reasons for terminating her services, but without following proper procedure, you will have trouble.
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Lol, this guy.
 
I called the CCMA, I followed their advice. I did have a feeling that the guy who I was speaking to didn't really know what he's talking about. Well, I'm not getting a SA labour lawyer from overseas.

I think the maid can still try to take me to CCMA, just to try her luck. However, she knows that I will be coming back to SA soon, so it's in her best interest to remain good relationship with me, in hopes for getting hired when I'm back. Especially because I didn't mention any disciplinary issues.

So, as far she's concerned, I am retrenching her because the tenants lease is up (which is true).

Anyways, I have no delusions, this is a really f***ed up system. I can't imagine more complex and fragile relationship than the one between the maid and her employer. There's too much room for abuse (both ways) and resentment (both ways).
 
Sonia I think you played your hand well, calling her bluff and making it a disciplinary dissmissal would definitely not have been wise. As it is the dynamic is still positive so keeping the lady under that illusion will hopefully let the situation gradually peter out. Have you got something in writing to reflect that she understands the termination of the employment?

What is the window/time-frame for employees to open a ccma dispute from the day that employment is terminated, is there any limit, like within 6 months etc?
 
sonialinden said:
Anyways, I have no delusions, this is a really f***ed up system. I can't imagine more complex and fragile relationship than the one between the maid and her employer. There's too much room for abuse (both ways) and resentment (both ways).
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You aint seen nothing yet. When your worker does not pitch for work without telling you for a few days the CCMA wants you to go find them and find out why they are not coming to work. Like hell I will go search for them. Its 2017...cellphones or send a friend or family member.

3 days not coming in without a letter and you earn yourselve 2 weeks unpaid leave because I already got someone else.

The employer got no rights! They want you to baby them!
 
airborne said:
Sonia I think you played your hand well, calling her bluff and making it a disciplinary dissmissal would definitely not have been wise. As it is the dynamic is still positive so keeping the lady under that illusion will hopefully let the situation gradually peter out. Have you got something in writing to reflect that she understands the termination of the employment?

What is the window/time-frame for employees to open a ccma dispute from the day that employment is terminated, is there any limit, like within 6 months etc?
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Thanks airborne, I also think that peaceful farewell is better. It is a pity though, and a huge loss, mostly for my maid. I wish she was honest with me, this way I would consider hiring her again in the future. She burned the bridges with her dishonesty, and I don't trust her anymore. Before the disciplinary issues surfaced, my husband and I were talking about covering school and college fees for her oldest son, once he comes of age (he's 6 now) as well as buying her and her husband a modest house in Khayelitsha. She was not aware of our plans, but it was something we seriously considered once we move back to SA next year, and we wanted to do this just to help her and give back to the black community. But now it all went down the drain.
 
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