Retrenching a domestic and covering your bases - have I left anything out?

[MisterBigglesworth]

Since my wife has started her new position beginning this year...we have decided we need to cut back a little on things, as we sometimes land up struggling, last month I had to rely on my CC - not great considering the debt already on there. Granted my wife is studying so its not like its every month we struggle like last...but its getting too close for comfort

Anyways, our domestic is employed 5 times a week, live out. I want to reduce it to 3 days a week and I wont be able to pay her taxi transport costs anymore (she lives about 5km away).

I have a feeling she wont want this, so then I assume I will have to retrench her. Is this correct? I read up on the retrenching procedure, which is fine.

I will follow the correct procedures as above link, but I get the feeling she will try the CCMA route to get more money. She has no leave days due to her as she started working by us June last year and pretty much took 3 weeks off in Dec. So her pay will be less than she gets each month (most likely, as she wont even get a weeks severance pay as it hasn't been a year). Using the guide above, if I also get her to sign a document that she agrees with the retrenchment arrangement...will that safe guard against her taking us to the CCMA?

Cheers
CF

 

[Pho3nix]

5Km away? She should be walking to your place :erm:
But as to your question, from your link and what my parents did I would say your safe against the CCMA.

OT: If your wife started a new position, shouldn't things be easier?

 

[MisterBigglesworth]

5Km away? She should be walking to your place :erm:
But as to your question, from your link and what my parents did I would say your safe against the CCMA.

OT: If your wife started a new position, shouldn't things be easier?

Thanks for the reply.

She is studying again, so the position is basically one step back in terms of pay...with the benefit to come later after studying (we hope ).

OT: I know....wasnt issue for previous domestic, as previous one lived in same area I think. Ah well.

 

[Other Pineapple Smurf]

Nothing can stop her from going to CCMA.

Unless you got kids, reduce her days to 2 and continue to pay her taxi fare. Gives her the freedom to look for more work as "two days off" might be too limiting to another prospective employer.

 

[Avenue]

Well give her the option of 3 days and go from there. To someone with no prospects 3 days can be a lot better than none.

 

[Nerfherder]

Since my wife has started her new position beginning this year...we have decided we need to cut back a little on things, as we sometimes land up struggling, last month I had to rely on my CC - not great considering the debt already on there. Granted my wife is studying so its not like its every month we struggle like last...but its getting too close for comfort

Anyways, our domestic is employed 5 times a week, live out. I want to reduce it to 3 days a week and I wont be able to pay her taxi transport costs anymore (she lives about 5km away).

I have a feeling she wont want this, so then I assume I will have to retrench her. Is this correct? I read up on the retrenching procedure, which is fine.

I will follow the correct procedures as above link, but I get the feeling she will try the CCMA route to get more money. She has no leave days due to her as she started working by us June last year and pretty much took 3 weeks off in Dec. So her pay will be less than she gets each month (most likely, as she wont even get a weeks severance pay as it hasn't been a year). Using the guide above, if I also get her to sign a document that she agrees with the retrenchment arrangement...will that safe guard against her taking us to the CCMA?

Cheers
CF

I think sit down calmly with her and explain everything, just make sure she understands why. She looses money but can pick up work somewhere else.... its not necessarily a bad thing.

No one can do anything about you reducing hours.

 

[MisterBigglesworth]

Thanks for replies everyone, noted all I will chat with my wife about keeping her taxi fare...I see how it could be better option to present in keeping her.

Yeah got a toddler...will need the 3 days, 2 I think we can get by with but will see.

 

[Beachless]

If you do retrench her are you aware that you cant hire anyone else for at least a year?

 

[MisterBigglesworth]

If you do retrench her are you aware that you cant hire anyone else for at least a year?

Wow...that long? She works 5 days a week, so if we have to retrench her...we would look at getting someone 3 times a week...not 5 like she was employed for. Surely that's fine?

 

[guest2013-1]

5Km away? She should be walking to your place :erm: <-- Indicates possession, correctly used.
But as to your question, from your link and what my parents did I would say your safe against the CCMA. <-- Not talking about his possession, incorrectly used. Should have gone for "you're"

OT: If your wife started a new position, shouldn't things be easier?

fify

 

[AthenianOwl]

FIFY.

FIFY.

 

[ChilliGirl]

Wow...that long? She works 5 days a week, so if we have to retrench her...we would look at getting someone 3 times a week...not 5 like she was employed for. Surely that's fine?

Rather offer her your offer.

Then if she does not want it you can suggest that she resign.
You can also make it clear that should she look for other 5-day work, she will get 3-day until such a time as she gets work.
Maybe she knows another that would want it.

Rather pay her a thank-you bonus so to speak and give her a ref letter.

That way is a little more open and though she might feel sad for the lost money she knows the truth and can find a way of moving forward without the ccma.

Also you would have to give her 30days notice. Effectively meaning april...

 

[MisterBigglesworth]

Ok, so I will be having the chat with our domestic next week about reducing her days to 3 a week from 5. I will give her the 30 days notice, so this new work week will start 1 June. We will still include taxi fare for travel (although I have noticed she has started to walk to our house some days, as she doesn't live far away really and seems to be 'pocketing' the travel money we pay, ah well).

She could go one of 2 ways...accept the 3 day work week and find other work for the other 2 days, or resign and find a 5 day job. Now my question is...if she decides not to take the 3 day week option, does it mean she has resigned or is this a retrenchment, as we are reducing her working days because of affordability?

 

[RiaX]

I would say just talk to your maid and explain. There is no way anyone can take you to the CCMA because you cant afford to pay for a service. Besides you not not firing her you restructuring her employment if she declines then that means she has done so on her own free will.

But dont be evil about it at least keep her round for a couple of weeks so she has time to find new employment

 

[rubytox]

Ok, so I will be having the chat with our domestic next week about reducing her days to 3 a week from 5. I will give her the 30 days notice, so this new work week will start 1 June. We will still include taxi fare for travel (although I have noticed she has started to walk to our house some days, as she doesn't live far away really and seems to be 'pocketing' the travel money we pay, ah well).

She could go one of 2 ways...accept the 3 day work week and find other work for the other 2 days, or resign and find a 5 day job. Now my question is...if she decides not to take the 3 day week option, does it mean she has resigned or is this a retrenchment, as we are reducing her working days because of affordability?

You can also help her to find another job for the other 2 days by advertising on the internet. People are more inclined to employ someone with a solid reference. Just an idea.

 

[cpu.]

FIFY.

The lowercase version is when you add stuff and not actually fix it (apparently).

 

[ChilliGirl]

Ok, so I will be having the chat with our domestic next week about reducing her days to 3 a week from 5. I will give her the 30 days notice, so this new work week will start 1 June. We will still include taxi fare for travel (although I have noticed she has started to walk to our house some days, as she doesn't live far away really and seems to be 'pocketing' the travel money we pay, ah well).

She could go one of 2 ways...accept the 3 day work week and find other work for the other 2 days, or resign and find a 5 day job. Now my question is...if she decides not to take the 3 day week option, does it mean she has resigned or is this a retrenchment, as we are reducing her working days because of affordability?

You may not reduce her days to less than 40% of her current days. You dropping it to 3, so no problem. You cannot reduce her days again for another 6 months after that.

Should she chose to leave and not accept the change, then she must resign. You won't pay retrenchment, but you would have to pay out her leave. She would have to work a notice month, so that would also have to be paid on the last working day...

 

[MisterBigglesworth]

I would say just talk to your maid and explain. There is no way anyone can take you to the CCMA because you cant afford to pay for a service. Besides you not not firing her you restructuring her employment if she declines then that means she has done so on her own free will.

But dont be evil about it at least keep her round for a couple of weeks so she has time to find new employment

No, will do it properly and explain it - def not gonna be mean. She works well, does a very good job.

You can also help her to find another job for the other 2 days by advertising on the internet. People are more inclined to employ someone with a solid reference. Just an idea.

For sure...have a few people that could be interested, so thats no problem.

You may not reduce her days to less than 40% of her current days. You dropping it to 3, so no problem. You cannot reduce her days again for another 6 months after that.

Should she chose to leave and not accept the change, then she must resign. You won't pay retrenchment, but you would have to pay out her leave. She would have to work a notice month, so that would also have to be paid on the last working day...

Ok cool, thanks for this. Didnt know about the 6 month thing...but Im pretty sure it wont get that bad (touch wood).

Thanks for these great replies!

 

[MisterBigglesworth]

Well, just a follow up for those interested. Made the proposal for 3 days a week, she said it was fine and was actually quite cool about it. Explained we making cuts etc, and that's why some things have changed around the house etc. Anyways...she understood and I gave her 5 weeks notice for the new schedule to start 1 June, with a new employment contract. Even at 3 days a week, the daily amount was the same, so if she found work for the other 2 days...then she would be fine as she essentially would get the same monthly pay but made up from 2 employers.

Soooo...get a sms last night, to the effect of "diz is my last week", she found another full time job. Ok, fine...had a feeling this might happen, so I'm cool with it. Then I check her employment contract, as I need to work out how much extra to pay her etc, taking leave days into account and all that stuff. Well, I noticed the employment contract says 4 weeks notice is required. She has given me 3 days notice. I also noticed it says that if she contravenes this...she will lose her leave due payout. So she has essentially thrown away 5 days leave pay that's still due to her.

Either party may give the other written notice to terminate this contract. The notice period is:
One week if employed for 6 months or less or Four weeks if employed for more than 6 months
Should the employee contravene the provisions regarding the period of notice required, then the employer is entitled to
withhold salary or leave pay in lieu of notice. The employee understands and accepts this condition

That's just how it goes I guess...on the hunt now for a replacement. Fun times...

 

[cerebus]

If she has a day available now I know someone who is looking. PM me if she wants... it's Strand area.