Was asked to resign at work

Ask them to put the resignation request in writing. They will back down very quickly. Make the request in writing and refer to the discussion you had. Offer an alternative course of action in line with BCEA and your contract. Offer to attend training courses pertaining to any KPI elements measured as underperformance. Offer to be mentored one-on-one until they are happy with your performance. Offer to work paid overtime to upskill yourself. Offer to move horizontally into any other positions both parties agree is suitable. Request that future communication with regards to this subject be done so in writing, and that all meetings be minuted. Additionally, be sure to request a response in writing within 7 days of writing so that you better understand your position and future in the company. Copy your personal email address in on the email so that they cannot use any IT policies to prevent you from accessing the email at a later date for evidence.

Do all of this in writing, and be sure to reference the conversation they had with you regarding resignation, and clearly state that they requested that you resign. Ensure that you state that this was much to your surprise.

Now you have covered your arse legally, and any suggestions on their part to resign will land them in hot water. You also have this for future reference.

If they request a meeting, ask that the meeting be minuted and recorded. Object to their resignation requests. If they ask you to sign any documents, ask for time to consider it. If you are bullied into signing something, write "without prejudice" on each page and initial it, as well as next to your signatures. Preferably do not sign anything.

You have a clear case of constructive dismissal if they continue to pressure you. You have a clear case of unfair dismissal if they fire you.

You need to have your ducks in a row though - don't procrastinate doing these things, and don't presume that any of the above will get you fired - it won't. It is necessary if you want a speedy resolution to this no matter what course of action they choose to take. You never know what action they will take, so cover your arse.

In your email copy in the person(s) who spoke to you about resigning, your line manager, his/her manager, the HR director, and your personal email address...
 
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DJ... said:
Ask them to put the resignation request in writing. They will back down very quickly. Make the request in writing and refer to the discussion you had. Offer an alternative course of action in line with BCEA and your contract. Offer to attend training courses pertaining to any KPI elements measured as underperformance. Offer to be mentored one-on-one until they are happy with your performance. Offer to work paid overtime to upskill yourself. Offer to move horizontally into any other positions both parties agree is suitable. Request that future communication with regards to this subject be done so in writing, and that all meetings be minuted. Additionally, be sure to request a response in writing within 7 days of writing so that you better understand your position and future in the company. Copy your personal email address in on the email so that they cannot use any IT policies to prevent you from accessing the email at a later date for evidence.

Do all of this in writing, and be sure to reference the conversation they had with you regarding resignation, and clearly state that they requested that you resign. Ensure that you state that this was much to your surprise.

Now you have covered your arse legally, and any suggestions on their part to resign will land them in hot water. You also have this for future reference.

If they request a meeting, ask that the meeting be minuted and recorded. Object to their resignation requests. If they ask you to sign any documents, ask for time to consider it. If you are bullied into signing something, write "without prejudice" on each page and initial it, as well as next to your signatures. Preferably do not sign anything.

You have a clear case of constructive dismissal if they continue to pressure you. You have a clear case of unfair dismissal if they fire you.

You need to have your ducks in a row though - don't procrastinate doing these things, and don't presume that any of the above will get you fired - it won't. It is necessary if you want a speedy resolution to this no matter what course of action they choose to take. You never know what action they will take, so cover your arse.

In your email copy in the person(s) who spoke to you about resigning, your line manager, his/her manager, the HR director, and your personal email address...
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Listen to this man he knows what his talking about. and giving you good advice
 
Follow Dj's excellent advice. Unless you are the Minister of Communications in which case you should seize the resignation offer with both hands :D

On a serious note, I'd like anyone reading this thread inclined to label people troublemakers for seeking restitution through the CCMA troublemakers to consider Wazup's situation and revise their opinion. Whatever you think of the CCMA, it's purpose is to protect employees from this type of illegal and unethical behaviour and people in a genuine predicament should be able to exercise their rights without fear of being judged by others.

I just mention the above because it seems to be a recurring theme in threads of this nature. Good luck to Wazup in resolving your situation.
 
Also remember not to back down on this issue. They may try to sweep this under the carpet as if it didn't happen to lull you in a false sense of security, while beginning a more subtle campaign to get rid of you.

This is an incredibly serious issue - it is your life they are messing with. Your livelihood. Companies like this need to have their arses kicked. They can legally get rid of you, but bullying is not the answer.

You need to ensure that you put all of these requests in writing tomorrow. If they call you in first thing and ask for an answer (likely scenario), explain to them that you will put your decision in writing during the course of the day. If they pressure you for an answer in the meeting, state that you would prefer that your response be in writing. Do not make any vocal commitments to anything, even your objection.

At this point they might in fact fire you if they feel that you're taking this down a path they don't like. That is another bully tactic. Not a problem. You find your local CCMA office, call them up, schedule an appointment and take them to the cleaners for at least one years' salary. If they fire you in public, or talk to anyone else about it, ensure that you find out. It will help your case.

They might not fire you. They might have a change of heart after hearing that you want things in writing. Not a problem. Go directly to HR and request that the rescinding of the request to have you resign is formally withdrawn. Request that the reasoning for the request and its subsequent withdrawal be documented as well. In writing, thank them, and explain that you are happy to learn and grow with the company and look forward to this process. Request that an open and transparent communication and KPI programme be instituted if it doesn't already exist so that you can better understand your performance in relation to their expectations. etc etc.

Just be smart about it. You need to be the one showing to be going the extra mile here, irrespective of what arseholes they are being. Always have an end-game in mind. This tactic wins no matter whether you stay or leave...
 
Not read through the entire thread and not sure if anyone has mentioned this before.

As you want to leave anyway.
Ask them to fire you and you can at least claim your UIF benefits for a few more months while you're looking for work.
 
Shake&Bake said:
Not read through the entire thread and not sure if anyone has mentioned this before.

As you want to leave anyway.
Ask them to fire you and you can at least claim your UIF benefits for a few more months while you're looking for work.
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They wouldn't fire him by the looks of things - he'd have a case against them even if they followed due process (considering this incident).

Additionally, nobody wants to hire someone who was previously fired for non-performance...
 
I would ask for 3 months salary along with usual benefits.
I would probably get hold of a labor relations consultant / lawyer to draft a counter proposal on your behalf. In it he would be able to point out where & why they are at fault in process & that should they refuse your counter proposal your rights are reserved to take the matter to the CCMA for relief.
Once they & their HR people realise you are taking the matter seriously but are willing to compromise they may be a little more receptive to your offer.
Given the fact that you have only been there for 12 months, their offer is not unreasonable, but consider it a starting point for negotiations.

Staying on could prove a nightmare, and CCMA is also a ball-ache in reality. I also doubt the CCMA would award very much more than 3 months salary given you have only been there for 12 months - given the action against the company will be based on incorrect dismissal procedure on the part of the company.
The CCMA is backlogged and your case could take well over 3 months to be heard - in that time you will have no income unless you secure immediate employment elsewhere.
 
DJ... said:
They wouldn't fire him by the looks of things - he'd have a case against them even if they followed due process (considering this incident).

Additionally, nobody wants to hire someone who was previously fired for non-performance...
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Ok, then take cash money under the table for 3 months and resign.
His employer can log it with petty cash :p
 
grantza said:
I would ask for 3 months salary along with usual benefits.
I would probably get hold of a labor relations consultant / lawyer to draft a counter proposal on your behalf. In it he would be able to point out where & why they are at fault in process & that should they refuse your counter proposal your rights are reserved to take the matter to the CCMA for relief.
Once they & their HR people realise you are taking the matter seriously but are willing to compromise they may be a little more receptive to your offer.
Given the fact that you have only been there for 12 months, their offer is not unreasonable, but consider it a starting point for negotiations.

Staying on could prove a nightmare, and CCMA is also a ball-ache in reality. I also doubt the CCMA would award very much more than 3 months salary given you have only been there for 12 months - given the action against the company will be based on incorrect dismissal procedure on the part of the company.
The CCMA is backlogged and your case could take well over 3 months to be heard - in that time you will have no income unless you secure immediate employment elsewhere.
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This is true. If you cannot afford the time without a salary then you are a little stuffed. This is the sad reality of the situation...
 
Tough one. Personally I would take their offer as it would be a very negative space to stay in and you don't want the mess of being fired. Word gets around if you took an employer to CCMA and no employer who hears of that will ever hire you again once you have gone down that route. Still, I am fairly confident in my ability to get new work. If you are not then perhaps ask for a month or two to improve your performance and put your CV out and see what comes.
 
If you can, start your own business.
Some people can handle it others can't...

But definitely beats reporting to a boss..
 
I find some of the replies to the OP's plight interesting compared to what the general feeling to striking miners and farmer workers on mybb is.

While the OP's situation sucks, he brought on himself. Let this be a lesson. If you suck, you should get replaced by someone who can do the job better.

Take the offer, and next time pull your weight :)
 
Cius said:
Tough one. Personally I would take their offer as it would be a very negative space to stay in and you don't want the mess of being fired. Word gets around if you took an employer to CCMA and no employer who hears of that will ever hire you again once you have gone down that route
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Going to have to agree here. World is a small place and often its better to walk away.

Cius said:
Still, I am fairly confident in my ability to get new work. If you are not then perhaps ask for a month or two to improve your performance and put your CV out and see what comes.
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100%

Also look for work while your employed as employers don't like unemployed candidates as it raises questions. Also remember your current employer may not give you a bad reference, they are only allowed to confirm you worked there, your duties and for how long.
 
zippy said:
I find some of the replies to the OP's plight interesting compared to what the general feeling to striking miners and farmer workers on mybb is.

While the OP's situation sucks, he brought on himself. Let this be a lesson. If you suck, you should get replaced by someone who can do the job better.

Take the offer, and next time pull your weight :)
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OP does not say whether he agrees that he is under-performing... so the assumption is that he believes that he is performing to par.
 
zippy said:
I find some of the replies to the OP's plight interesting compared to what the general feeling to striking miners and farmer workers on mybb is.

While the OP's situation sucks, he brought on himself. Let this be a lesson. If you suck, you should get replaced by someone who can do the job better.

Take the offer, and next time pull your weight :)
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Disagree.

My previous job was misrepresented to me and I was also attacked by my manager for under-performing at one stage as he had delegated duties to me that I did not have the correct skillset for.

I resigned after 3 months once I realised that he only took me on as he was so desperate for staff that he never bothered to understand what it is I do. Worked in my favour as the company offered me a management job (above him) :)

Just saying we don't know what his real circumstances are.
 
Take control of the situation and don't sit back and wait for things to happen to you. Two months salary is a pretty good offer in the situation.

Don't drag yourself through months at the CCMA, you may not win, and even if you do your self esteem will have hit an all time low.

Keep your integrity. You'll be tougher for it.
 
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