Posted by: Deon | 2009-02-22

Can he do this

I commenced employment with a Company on 15th March 2007 as was appointed as an Operations Manager. On Monday 26th January 2009, I was called to the office where I was informed that my services were being terminated on Friday 30th January 2009 and I was being dismissed. This has been given to the UIF as a dismissal. My letter as attached states that I have been dismissed as the sales targets have not been met. My duties did not include sales of any kind  I was responsible to ensure that houses were built, but in most instances material was never purchased.

I mention that there is no record of any disciplinary actions or procedure, and I do feel that this dismissal is both substantively and procedurally unfair.

My questions to the honourable law expert are as follows:
1. Am I entitled to claim UIF?
2. What are my rights in respect of the CCMA?
3. Are employers allowed to dismiss employees in this way and blame it on the economy?
4. I was entitled to 21 days per annum paid leave  there is still leave outstanding and this was not paid out to me. I only received my normal salary at the end of January. Who should help me here? I have no proof of anything as we never received payslips and we asked for these on several occassions. I still have not even received my IRP5, so I have not submitted my tax return and I will probably get a fine for this.

Many thanks and kind regards

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Our expert says:
Expert ImageLabour lawyer


If you get dismissed for what appear to be operational requirements you are entitled to UIF, you are also entitled to approach the CCMA. It sounds like you should. Employers are allowed to dismiss and blame it on the economy but there is a specific way to do it. It looks like they haven't done it that way.

You are certainly entitled to all your unpaid leave.

You must demand your IRP 5 certificate, otherwise go to the Receiver of Revenue and report it.

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Our users say:
Posted by: Boetie | 2009-02-22

I would say that U are certainly entitled to claim UIF. The outstanding amount of leave U have MUST be paid out to you as well as severance pay equal to 1 weeks pay for every year worked. Speak to the people at your nearest UIF office  they also deal with complaints + irregularities. Tell them also about the payslip story + IRP5. I don' t think that they are entiteled to give you 5 working days notice either. Monthly paid staff usually must be given a month' s notice or a month' s pay extra in lieu of it if they want U to leave straight away. UIF poeople will help U with all these things. I think they' re taking a fat chance so don' t let them get away with it, get what is legally + ritefully yours.

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