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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.
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.
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