Was asked to resign at work

wazup said:
The CEO said if I decide to decline resignation and they have to fire me, I can run to the CCMA all I want, he has enough "proof" of me underperforming. Don't know what he considers as proof, but yeah without warnings, etc. I might stand a chance?
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They cannot fire you for underperforming. And they'd have to prove that remedial action was taken, and failing that warnings were issued. If they don't have your signature, they don't have a case.
 
wazup said:
Hey all
.I am extremely unhappy here but did not want to leave before I have other income, but now that I am kind of forced to...what must I do? I'm sure you will need more details around this scenario so ask and I will answer, maybe you can help me to make the right decision.
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sounds like you have been under-performing. I have done the same when I am not happy in my job. Take it as a blessing in disguise. Jobs are scarce enough to not want to have to explain why you went to the ccma or why they even wanted to fire you, regardless of process followed. take their offer and accept that you haven't performed. perhaps career change as suggested by others is also a good idea.
 
I'd ask them nicely to retrench me instead - on condition that they still pay me the two months' salary.

In which case you claim from your UIF and retrenchment cover (you do have this, right? seeing that you knew they might let you go). That way its a win win for both of you.

The reason why I'm saying this is because they can easily claim you're redundant because, lets face it, you add no value at the moment. Sorry if that sounds harsh, but that's the way business works.
 
wazup said:
The CEO said if I decide to decline resignation and they have to fire me, I can run to the CCMA all I want, he has enough "proof" of me underperforming.
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Scare tactics. He can't win against the law if he did not follow it to the letter. Fight him for it.
 
I've never needed to but I'm sure if you phone the ccma call center anonymously you can discuss your situation with them and ask for advise on how you should go forward.

Personally I think this is constructive dismissal and you are being bullied into resigning because they want you to and not because you deserve it.

Theres no harm in finding out about your rights.

From their website:
For case related queries and labour advice please call CCMA Call Centre on: 0861 16 16 16
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YingYang said:
I'd ask them nicely to retrench me instead - on condition that they still pay me the two months' salary.

In which case you claim from your UIF and retrenchment cover (you do have this, right? seeing that you knew they might let you go). That way its a win win for both of you.

The reason why I'm saying this is because they can easily claim you're redundant because, lets face it, you add no value at the moment. Sorry if that sounds harsh, but that's the way business works.
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Its not quite as easy as they would have to make an offer to him before employing a replacement.
You cant just retrench people and then rehire new staff.
 
Seems they want you out of there no matter what.
I suggest look at the offer + leave not taken + 13th cheque prorata.
Good luck.
 
wazup said:
Hey all

Long time reader, first time poster. See people on here discuss literally anything, so I thought let's give it a try. I really need some objective advice.

Today at work I've been asked to resign. Management feels I'm underperforming and they do not want to employ me any longer. I've been working here for a year now, permanently employed. They said they could fire me and we part our ways on bad terms, or I could resign and then they will pay me for May and for June, to help me out - but I only need to work for May.

I am tempted to resign and be assured for two month's salary, yes it is a gamble if I don't find another job, but it is better than being fired and only get one more salary (or even none) rather than two. How can I be assured they will pay me for June? I must get it in writing, yes?

I am extremely unhappy here but did not want to leave before I have other income, but now that I am kind of forced to...what must I do? I'm sure you will need more details around this scenario so ask and I will answer, maybe you can help me to make the right decision.
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Don't resign, it'll save them a ton of effort/money and if you resign you don't get compensation.

**** bad terms, ride their asses for full compensation
 
Even if you accept their "offer" of resignation, and resign, you would still be able to go to the CCMA for "Constructive Dismissal". Resign of we will fire you is just that Constructive Dismissal.
 
Beachless said:
Its not quite as easy as they would have to make an offer to him before employing a replacement.
You cant just retrench people and then rehire new staff.
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The only difference between what he's already been offered and what I'm suggesting is that they have to put it on paper, ask him to sign it and give him the money. What happens subsequent to him leaving is the company's business.

I'm not quite sure I understand what you're saying
 
YingYang said:
The only difference between what he's already been offered and what I'm suggesting is that they have to put it on paper, ask him to sign it and give him the money. What happens subsequent to him leaving is the company's business.

I'm not quite sure I understand what you're saying
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You cannot retrench staff, and then rehire a person into the same position in a certain time frame, without offering the position first to the person who was retrenched.
 
YingYang said:
The only difference between what he's already been offered and what I'm suggesting is that they have to put it on paper, ask him to sign it and give him the money. What happens subsequent to him leaving is the company's business.

I'm not quite sure I understand what you're saying
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As ToxicBunny was saying.

But basically they are very unlikely to make such an offer as it would create a big problem for the company hence the reason they are trying to bully him into resigning.
 
You are being bullied into resigning.Do NOT resign! Doing the right thing is never easy.Fight this to the death or they will do it the next person they employ. Stand up and fight.

I had a friend who was in the same position. Decided to resign as it was "easier". 7 months later and he had to rent out his own house to avoid losing it.

You will never get anywhere in life if you let people walk all over you and take advantage of you.
 
Thank you for all the advice. It is a very hard decision to make. I will also speak to a friend of mine who has some experience in labour issues.

If I decide to go the resignation route - what measures can I take to ensure they pay me the offered bonus month?
 
OP- I would listen to those that advise you to NOT resign. Stick it out, do not let these people bully you into leaving.
 
For retrenchments there is also a procedure to follow which includes "Meaningful Negotiations" where other options are considered. All this takes time and cannot be hurried as it will then automatically become an "Unfair Dismissal".

I would suggest in any event start recording conversations on your cell phone for future use. If needed you transcribe the recording as an accurate account of what happened.

If things are done properly by an employer anyone can be dismissed. The problem is that most smaller Companies are lazy and look for a quick fix.

Remember also that you are entitled to a representative (Witness) to assist you in any hearing.
 
wazup said:
Thank you for all the advice. It is a very hard decision to make. I will also speak to a friend of mine who has some experience in labour issues.

If I decide to go the resignation route - what measures can I take to ensure they pay me the offered bonus month?
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A lot of good advice in here.

Please do yourself a favour:

1. Listen to the likes of MickeyD and Mike Hoxbig for advice. McD is a sensible man for advice especially regarding the working place.
2. Find at least 2 senior friends or family who know you and whose advice you respect.
3. Take it into consideration before taking the resignation offer.

From all I have read I do not think your employers have played by the rules. For example, where is the periodical performance tracking and feedback? You cannot fire someone for poor performance without having done anything to remedy the situation. The "verbals" you mentioned, unless they were committed to writing and you signed acknowledgement of it, cannot be counted as a formal verbal warning.

I know it's a grim outlook to stay where you are, especially with all the verbal threats they have thrown at you, but if your income is important, then you may have to ride it out for a bit. Unless you are certain you can get employment quickly elsewhere, rather sit tight. Try to work through your "poor performance" issues with your employer and simultaneously look for work elsewhere.

I pray it all works out for you. All the best, laddie!
 
Also, DO NOT sign anything they put in front of you.

First get advice from either the guys here on the forum or the CCMA. Also, its not a good idea to discuss this with anyone you work with.
 
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