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Domestic Disturbance
Avispon
No views expressed here are anyone's but mine, and nothing else is implied.

Seven months down the line here at the CCMA show a few tendencies in the labour dispute environment. A few lessons I would like to share could prevent misery/irritation for many of the members on this site.

Madam and Eve cases are particularly frustrating. Do reduce your contract of employment with your domestic servant to writing, and patiently give it to them to sign and wait for it. If they don't want to sign it, give them an appointment letter containing the same stuff, if they don't want to sign reciept of that, let a witness sign that you gave it to them or tried to do so.

Part II later...
2011 Mazda 2.5 Individual Activematic

Ex:2008 Chrono Yellow Ibiza Cupra TDI - DIMSPORT tuned by Trevor Green, cat-back straightpipe exhaust, 17" "Rocco" A-Line Wheels

Still in the yard:1997 Nissan Hardbody D/C 3.0 V6 (Petro-holic)

Puff becomes Zoom
 
Avispon
Part II:

Many, but not all, domstic servants seem to end up runnig to the CCMA claiming to have been dismissed, with no paperwork to either confirm or deny this state of affairs. So, if she/he does abscond, it's important to have the home adress recorded somewhere so that you can send a telegram or registered letter asking whereabouts and giving deadlines of a reasonable nature to return to work.

If you do need to dismiss an employee, make it clear what misconduct or poor work performance you are alleging, preferably in a letter, but at least in a conversation. They must be given time to prepare for an informal meeting where they can give their side of the story, before you decide to dismiss. For theft and serious offences, you can dispense with all of this, as long as an opportunity to answer is given.

If you dismiss immediately for very serious misconduct and you cannot risk further presence of the employee, you will not need to pay notice. If it is a dismissal for, say, constant latecoming, you will need to let the employee work the notice and pay, or let the employee leave the premises and pay as if they had worked the full month.

It seems tedious, but considering the money you pay, a bit of consideration and paperwork is worth it and will save you much trouble and allow you to prove the facts of the situation later at the CCMA.

Many "Eves" get away with settlements that they may not deserve because employers are sloppy, and then at risk of losing out in arbitration because they can't prove anything.

Don't be a victim. Keep your paperwork in order. On one hand it will protect both of you. One the other hand, it's a human being you are dealing with and they deserve some kind of documentation in connection with their employment. You may demand this consideration from your employer; so can they.
2011 Mazda 2.5 Individual Activematic

Ex:2008 Chrono Yellow Ibiza Cupra TDI - DIMSPORT tuned by Trevor Green, cat-back straightpipe exhaust, 17" "Rocco" A-Line Wheels

Still in the yard:1997 Nissan Hardbody D/C 3.0 V6 (Petro-holic)

Puff becomes Zoom
 
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