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Question
Posted by: P | 2011/01/06

Domestic

Hi,
Need some help please. At end Nov I gave my domestic of 3.5 yrs 1 month''s notice due to financial diffculties. I have paid her all her leave pay and salary and bonus in December, so believe I owe nothing.
We did not have a contract as she failed to produce her work permit. I kept her on in good faith, and continuosly requested the permit, which she promised she would get, but never did.
She has now gone to the CCMA to claim compensation, citing unfair dismissal, when I gave her the very reasons above for her retrenchment.
What are my rights, since there was no contract, and hers in this instance. As much as I''ve always been fair and generous toward her, I am now very disappointed at the route she''s taken and do not feel she deserves any more from me. I don''t believe I need to be compensating her for anything as she recieved all her dues during her employment, and even pay for sick leave when she did not produce a doctor''s note.

Thanks for your advice.

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Our expert says:
Expert ImageLabour lawyer

Re: Domestic

A domestic employee is entitled to all the same rights as any other employee in terms of the Labour Relations Act. In terms of the Labour Relations Act Section 189 must be implemented before someone is given notice. You need to consult properly in terms of the legislation.

It is suggested that you consult now with that employee in order to enter into an agreement in full and final settlement. Obviously, there will be a cost to the agreement, but it is worth it in the long run.

The information provided does not constitute a diagnosis of your condition. You should consult a medical practitioner or other appropriate health care professional for a physical exmanication, diagnosis and formal advice. Health24 and the expert accept no responsibility or liability for any damage or personal harm you may suffer resulting from making use of this content.

2
Our users say:
Posted by: labour lawyer | 2011/01/13

Re: Domestic

A domestic employee is entitled to all the same rights as any other employee in terms of the Labour Relations Act. In terms of the Labour Relations Act Section 189 must be implemented before someone is given notice. You need to consult properly in terms of the legislation.

It is suggested that you consult now with that employee in order to enter into an agreement in full and final settlement. Obviously, there will be a cost to the agreement, but it is worth it in the long run.

Reply to labour lawyer
Posted by: Whena | 2011/01/07

No contract= what does law say.

One week salary for every year worked+leave pay. Do you have proooof of asking for workpermit? No proof = never asked. Proof you told her it is retrenchment? No proof = no retrenchment= unfair dismissal.

Reply to Whena

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