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Empoyer Tactics Are Unlawful

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  • Empoyer Tactics Are Unlawful

    Hi,

    If there is anyone who is willing to help me with the following then I'd be so appreciative for any input or suggestions. I won't be able to share everything in this POST but am willing to send the whole drawn out issue, with far more detail, to anyone who may have a bit of time to read it. You can rely on a very interesting level that this is bound to help many people at once because it is that crazy.

    Short Employer Background:
    -- my ex-employer, as of today, is a consulting agency that assigns their employees
    to perform services for external companies
    -- I was hired to mainly do SQL Reporting Services Development for a big company in
    South Africa

    Contract:
    -- I was hired on a renewable Fixed Term Contract and was placed at the client until
    Feb 2014. I started in Feb 2013
    -- This was to be my last move as I wanted to set my foundation for a long career
    -- 5 months into my contract I was informed that the client no longer needed my skills
    as they had decided to use a different technology that we didn't have resources for
    -- My employer then immediately handed me this information along with a 1 month
    notice at the employer stated that they didn't need my services. They did nothing to
    prevent me losing my job by placing me within a project at any one of their other
    Client Projects and basically ended my Contract.
    -- It's a Fixed Term, so I have a case against them as this wasn't meant to happen and
    is actually a very sensitive issue as Labour Law protects the best interests of the
    employee especially when dealing with consulting companies
    -- I confirmed that there was nothing else that caused this, as I was told that as of the
    next day I would not be allowed back onto the Clients property to collect any of my
    personal possessions, which I was promised to have returned to me the next day
    but I only received my possessions 2 weeks later

    CCMA

    -- I then issued CCMA documents to my employer for cancelling my contract and am
    awaiting our court date.
    -- Today was my last day, and I was then slammed with my past 5 months of
    timesheets that were captured daily.
    -- The client uses access cards and compares the hours billed to the hours paid (or so
    I thought)
    -- I was told that I had claimed for 285hrs and that they wanted to pursue Fraud
    Charges to be placed against me

    HOUR BILLING PROCESS

    -- I log onto my employers site and log my hours
    -- At the end of the month I send all my times for approval to my manager before the
    client is billed
    -- Today they come with this to me saying that I owe the client, but must pay it to my
    employer, the amount of the 285hrs, which results in approx. R85,000
    -- They point out that since month 1 there are big discrepancies and I have to give
    reasons and I have to pay them these hours back

    I think my company is trying to scare me into retracting my CCMA case against them because I have a water-tight case. So to make things worse they obtain these sheets and times and now want to intimidate me into cracking and just wanting to cancel everything all together.

    The management style is horrible and misguided. How can you say that for 5 months of this year my sheets have been off by at least 50hrs, yet all my time gets approved, charged, paid by the client to our employer, who obviously takes their cut, and then pays me.

    I see a lot of forum help coming from me. Like I mentioned earlier, I can send all the details if you have the time to go through them. It makes for a very interesting case and it covers so many areas that I'm sure this one Post and its replies from the rest of you will help many others who are having the same issue or are experiencing only a couple of these issues...

    I will keep you updated on the court rulings etc. and hopefully have feedback that can confirm my understanding or reject it. Either way, I will be learning but I'm hoping my employer is taken to the cleaners.

    I've demanded severance pay till the end of my Fixed Term Contract and for damages caused due to mental and physical distress due to the company placing me in such a big and bad situation, however I feel the company is scared because their practices are going to be blown wide open and who knows, maybe someone else who went through this before me can get back what the employer took but never took responsibility for.

  • #2
    Re: Empoyer Tactics Are Unlawful

    I wish to inform you that the burden of proof on proving the allegations made by you to CCMA will be on you. Accordingly, you may collect all the evidence - emails, logs of telephone discussions, record of meetings, etc. which support your view point. CCMA will consider all the facts and decide the matter. On the other hand, if the employer alleges you have committed time fraud then the burden of proof will be on the employer to prove the allegations made by them. You may keep your time records safely to show that the allegations of the other party are wrong.

    AFF

    Comment


    • #3
      Re: Empoyer Tactics Are Unlawful

      You had a contract. They are entitled to recover for breach as well as you. If you did not submit false time records, you should have nothing to worry about.
      Due to a recent promotion, I should now be referred to as Major Obvious.

      I would not be trying to provide information and knowledge if I did not sympathize.

      Some days it is just not worth chewing through the restraints to face life.

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