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Question
Posted by: Priscilla Cghaldis | 2010/02/04

(Contract Expired???)

Good Morning 

Could you please give me advise. I am doing this on behalf of my son.

He worked at a music shop for nearly a year. He was unhappy their due to victimisation at the workplace. He got a call from another well known business, saying they have received his cv and would like him to work for them. He then gave 24 hours notice where he was. The Monday he along with 2 other guys were sent to a college for a week of training. After the week they were told to go and start working there on the Monday. He was put in charge of the entertainment section all by himself. They were told they would get a certificate once training was completed. They were also told that they were not going to get paid for that week they started their because it was to close to the end of the month.

They were also told to sign a contract and were told they will be put on 2 months probation. Their contracts would expire the 15th January 2010. My son was told if they are happy with his work then they might consider to keep him permanent at the end of his contract.

Hewas given a target he had to reach for December and he went well over his target making nearly R600 000 00 for the month. Everyone was happy with him and his name was placed on the hall of fame for doing so well. His manager even said that they might keep him permanent. But much to his disadvantage his manager started to pick on him and find fault with everything he did. My son found out from the other employees that he is a racist. His boss is Indian and my son is white. Never the less, my son went to work everyday even on the weekends Saturday and Sunday. He always stayed and made his department was right and clean for the next day.

He really thought they would keep him permanent because he kept on going over his target. Then on the 15th January, my son said the other 2 guys were called into the bosses office and told there are no permanent positions for them and that there contract has expired and he can keep them on a casual basis.

My sons boss did not call my son in only the other 2 guys, so my son thought automatically that they would keep him on permanent. My son went to work on Saturday and Sunday as usual. On Monday when he went to work his boss called him in and asked him what are you doing at work to which my son replied I have come to work as I have been every day. His boss then said no I dont want you here your contract has expired and I am not going to renew it.

My son was devastated and said but you did not call me in Friday when my contract expired, that is why I came to work this weekend, nobody told me anything. His boss then said that he found fault with this and that, (which is not true). My son was taken on at a time when the said department was in a mess from the previous employee. He fixed that department up. He told this to his boss and his boss said he does not want to hear any debates from my son and he must go home and then his boss said he will revise everything and phone my son.

Todate my son has heard nothing. I want to know if we can take them to the Department of Labour or CCMA because they did not call him in on his last day of the contract and tell him not to come back. They also did not pay him anything for the second month.

What is our right against this company as they did not follow the proper procedures. Even when my son started there they did not give him a copy of his contract. His boss kept on putting his hopes up and then let him down like this.

What are his rights?

Any advice will help me.

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Our expert says:
Expert ImageLabour lawyer

re: Contract Expired

We are going to need to see the contract in order to give you proper advice on this. We believe that it was a short term contract and not probation, if that was the case then they can cancel at the end of short term. If it was truly a probationary contract then what they have done is wrong.

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2
Our users say:
Posted by: labour lawyer | 2010/02/08

re: Contract Expired

We are going to need to see the contract in order to give you proper advice on this. We believe that it was a short term contract and not probation, if that was the case then they can cancel at the end of short term. If it was truly a probationary contract then what they have done is wrong.

Reply to labour lawyer
Posted by: Whena | 2010/02/05

Let your son go to the CCMA.

There is numerous transgressions here that they will have to answer for (not being paid while on course, no employment contract, no consultation prior to dismissal, no reason for dismissal etc)

Reply to Whena

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