Labour law - absconded from work

**Springer** · 22-08-2019, 07:36

Originally Posted by Twitch

I was in the same boat.
Had too many issues, too many excuses and threats of CCMA.
Eventually went with a company called Labournet.

I have about 15 staff, it costs about 2K a month.

I have access to a consultant who gives advice, they issue all warnings and chair enquiries.
They will also represent you at the CCMA and will pay all costs if you lose a case.

For me, its 2k a month well spent.

Yep, it's money well spent. Doing it yourself is energy sapping and detracts so much from your operational role. I had about 55 staff at one stage, and it became a full time job ensuring everything was kept in check. It was a nightmare.

**Koekie Monster** · 22-08-2019, 08:02

A lot of companies outsource their disciplinary hearings too, especially if unions are involved. It gets rid of the personal vendetta or racist claims made by all union members when they start loosing a case(or off the bat) and keeps the hearings fair and free. Much better than the usual mine fields.

**GAZZAMCK** · 22-08-2019, 08:49

Originally Posted by Koekie Monster

A lot of companies outsource their disciplinary hearings too, especially if unions are involved. It gets rid of the personal vendetta or racist claims made by all union members when they start loosing a case(or off the bat) and keeps the hearings fair and free. Much better than the usual mine fields.

Ah unionized workers

taking the already lazy (in comparison to the rest of the world) workforce, and allowing them to be even lazier

**Zuku** · 23-08-2019, 09:41

I sent the member a whatsup to return to work on the 5th day. Meanwhile, I found out from one of his friends that he is "moonlighting" this week for another company. The member showed up at work and said he could no longer climb in and out on roofs or on ladders. He then insists on a R 700 or more increase,

I said that is what his job requires and he does not qualify for an increase as he received an R 500 increase 2 months ago.

Then member said he resigned immediately and I had to give him a letter saying he is no longer employed here. I refused and told him to write his own letter of resignation. He is gone and I am now waiting in anticipation for his resignation letter

Eish... Headache's

**Toxxyc** · 23-08-2019, 09:54

Sounds like he's in the process of qualifying for a "you're fired" session.

**shooty** · 23-08-2019, 10:01

Originally Posted by Zuku

I sent the member a whatsup to return to work on the 5th day. Meanwhile, I found out from one of his friends that he is "moonlighting" this week for another company. The member showed up at work and said he could no longer climb in and out on roofs or on ladders. He then insists on a R 700 or more increase,

I said that is what his job requires and he does not qualify for an increase as he received an R 500 increase 2 months ago.

Then member said he resigned immediately and I had to give him a letter saying he is no longer employed here. I refused and told him to write his own letter of resignation. He is gone and I am now waiting in anticipation for his resignation letter

Eish... Headache's

When I worked in Atlantis at Manufacturing plant. The workers who wanted to leave never wanted to resign. They would stay away or intentionally do stuff to get fired.

As Unemployment does not pay you when you resign. Only when fired or retrenched. And some other cases. But not in resignations.

**Toxxyc** · 23-08-2019, 10:26

AFAIK unemployment doesn't pay if you are fired because of stuff like the above. Might be wrong though.

**shooty** · 23-08-2019, 10:42

Labour Guide says:
Who can claim?
You cannot claim if you get –

benefits from the Compensation Fund;
benefits from an unemployment fund under the Labour Relations Act;
or if they –
are suspended from claiming because of fraud;
quit their job;
do not report at set dates and times; or
refuse training and advice.

Workers can claim if their –

employers are bankrupt;
contracts are ended; or if they
are fired.

Problem is although it says can not claim when not reporting certain times and dates.
On the UIF 19 form which Employer fills in. The Code you select for termination will be Fired.
Which if they go hand in at UIF. Will mean they will get UIF.