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Question
Posted by: paul | 2009/07/31

Dismissal

Hi there

I would like to find out if I was unfairly dismissed by my employer and what my rights are.

Here is my situation.

I worked for a beauty salon. I have been working there for more than a year.

More or less a week ago I was informed that my contract would be terminated and that I will be relieved of my duties if I do did not make individual monthly target income from clients as a beauty therapist. Furthermore I was informed that not only will I have to make my individual target income, but also that I would have to make the target of myself and the target income of a co-worker that resigned. Meaning that I had to do 2 peoples work and ensure that I had to bring in enough money in from services be myself. Meaning I had to do 2 peoples jobs and bring in the monthly company target income for services.

I was given one week to make target or I would be fired. I was given no prior notice of these proceedings.

After the week I was told that because I could not make my target my contract was terminated.

For quite a long period the business and new clients have been reducing due to the economic recession.
I am not responsible for losing clients.

I was only paid 17 days out of 22 days of leave I did not take.
I was NOT paid for over-time work(wick I had allot of). When I made an enquiry about this I was told that the company does not pay for over-time, and that over-time was suppose to be compensated in the form of extra days off work. MY CONTRACT STATED THAT I HAD TO BE PAID FOR OVER-TIME, but that it would be preferred if I took over-time compensation in the form of extra days off work. I chose to be paid for over-time and not compensated in the form of extra days off work.

I AM STILL NOT PAID FOR OVER-TIME!

I was only paid for the month I worked and partially for untaken leave.

Is this fair dismissal?

I feel that it is because I was instructed to do tasks that was impossible, dismissed without any warnings, not paid for over-time and only partially paid for untaken leave.

The day after my contract was terminated the company closed.

WAS I UNLAWFULLY DISMISSED?
WHAT ARE MY RIGHTS?
WHAT CAN I CLAIM FROM THE COMPANY I WORKED AT?

Thanks for your help
If possible please contact me at: paul(at)youhavemail.co.za

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Our expert says:
Expert ImageLabour lawyer

RE: DISMISSAL

YOU HAVE 30 DAYS IN WHICH TO REFER THE MATTER TO THE CCMA. YOU MUST COMPLETE A FORM LRA7.11
IT DOES SOUND LIKE THEY HAVEN'T FOLLOWED THE PROPER PROCESS.

THE NON PAYMENT MUST BE REFERRED TO THE DEPARTMENT OF LABOUR. GET HOLD OF A LABOUR INSPECTOR WHO WILL HELP YOU PURSUE YOUR CLAIM.

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