Posted by: Angela | 2010-01-20

Fine line between amicable and doormat


I' ve been working for a company for a year now.
I' ve worked extremely long hours for most of that time trying to meet the deadlines and expectations of the Director but have failed to do so for many reasons. Obviously they believe it' s poor performance and i work slow and i' m a procrastinator and it' s not my passion and i believe it' s because their is simply tooo much work to be done by one person in one 8 hour day. The job is two faceted and the one part (urgent) constantly trips up the other (important) in being completed. They started advertising my job and interviewing and I' ve just decided to resign. But from the start i have always said that when my season is up here i will leave amicably (i have no desire to go the whole CCMA route - not worth the energy and trauma) and to work my month' s notice with a proper handover. As the way things stand at the moment, if i had to just throw a tantrum about my job being advertised and resigned with immediate effect they would sit with a big mess and so in my resignation letter I put forth a proposal of my objectives in finalizing matters and doing a proper handover (a gesture of good faith). In response, my Director has asked, What gaurantee does she have that it will not once again be an unmet deadline / deliverable and wants me to put in writing that if i do not complete all that i set out to do that i will forfeit my last month' s salary and leave without a cent.

I know that this is not ethical....i know that if it is poor performance then there is a disciplinary procedure she should follow of which the worst case scenario for me is dismissal, surely not witholding my salary. But as i said i don' t want to go down a legal route with this.

I' m now sitting drafting a letter of response and i really don' t know how to word it

I' m not prepared to sacrifice my salary....

any advice will be welcome and soon....i' ve got to submit the letter by 11


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Our expert says:
Expert ImageWorkplace health expert

Angela, this is another story demonstrating the bullying of employees. I cannot comment on your competence or efficiency. I am not a labour lawyer yet the story you relate sounds alike probable constructive dismissal? I would retract the resignation, stick to your guns and demand a grievance hearing. See how the cards fall.

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Our users say:
Posted by: Jess | 2010-01-20

I hope my message does not reach you too late. What did you say in your response? I have also has a job where the workload seemed unbearable and my current job also entails about a million urgent stuff a day which obviously needs to be done immediately. It is very unfair and I would have loved to see you take them to CCMA but I also understand your reasons for not wanting to do this. If your boss wants you to quit immediately becuase they are scared you will not meet deadlines in the month coming they have to pay you for the month even though you left immediately and you can tell them that in your response that you are willing to leave immediately but by law they are required to give you notice (pay you) and by law they are required to first put you through the process. Even though you are not planning on taking legal action it wouldnt hurt to have them think you might.

Reply to Jess
Posted by: angela | 2010-01-20

okay...maybe i posted in the wrong forum...sorry

Reply to angela

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