May/June/July 2013 Mommies to be

Good morning everyone

Ok - You girls will have to start a cake sale for me. That witch showed up at my house this morning DEMANDINg that I pay her until end of December PLUS she said she was not aware that her contract ends 14 December (WTF) so I had to pay her 3 weeks severance pay... Can you F believe it??

Anyways... I paid her - and I feel really shyte about the extra R2600 that I now DONT have for Xmas.. but at least she is out of my life - and good riddens. I also phoned the woman she is suppose to start working for next year and explained what happened. I wasnt nasty - but told her how her attitude changed and I said to her that formally withdraw my recommendation & she can now make up her own mind about hiring her..

I probably didnt really have to - but honestly I dont have the energy to sit through a CCMA hearing.. have done that before and the Employer hardly ever wins... So that is that. .. Thanks Niki- I read your post on my phone yesterday and i am so glad I followed your advice!! Only thing is she denied that we agreed 14 December is her last day and all of a sudden she can now not at all remember that Chancia is going to school in December.. Selective memory loss!!!

SIGH.

Anyways - welcome 2+4 - I really hope the rest of your pregnancy will be 100%!

Niki - very happy that you got your scan AT LAST!

We have our year end function from 11h00 this morning. I have no idea where we going or what we doing... but I hope it will be nice!

Have a fabulous weekend girls! And thank you to everyone for your advice !!

Charms

Hi Mommies....

So I am new to the forum. This is my 6th pregnancy- I have an 11 year old and a 7 year old, followed by 3 miscarriages each at 16 weeks, all unexplained and the last one being a loss of twins....

On Tuesday I found out I am pregnant again (due date 31/7/13), and am a little stressed out. This wassnt helped by the fact that I have had mild cramping for the last 2 days as well as light brown discharge. Not a lot of discharge but enough to make me nervous. I have done some googling and the general consensus seems that as long as it isn't red all is fine- any comments would be appreciated.

Also, after my 3 MC's I am not sure I want to go back to my gynae- he is a sweet guy but just kind of shrugged and said sorry when I had the MC's and I think I just need a change of scenery- anyone got a fab gynae in Durban they would reccomend?

Morning Ladies,

Hope you are all well- so glad its the weekend:)

Kerry, I hope your tummy is feeling better?

Juandre, sure you must be excited to be going on holiday soon, I hope your MS eases so you can at least enjoy the break:)

Cols, how are you feeling ?

Jellybaby, still got the MS, did you have it this long with you last pregnancy?

Charmi, hope you feeling better about the nanny situation today

AFM- we had our 16 week scan last night, Dr running so late we only saw him at 7:30 and my naughty baby wouldn't cooperate, the umbilical cord was between his/ her legs so we couldn't see the sex, the Dr thinks it may be another girl, but he isn't certain, so we have to wait until January to find out the sex, DH was very disappointed, he is so impatient and wants to know:)

well have a good day adn a relaxing weekend xx

Hi Charmi,

You are in luck , I am an HR Consultant so can give you some advise here

Unfortunately the CCMA doesn't like fixed term contracts, especially ones that run for longer than a short period such as 6 months- 1 year, and since she has been with you for over 2 years and the fact that she never signed the contact, may not be in your favour. They may rather see it as a permanent arrangement and that a retrenchment process should have been followed.

Do you have anything in writing where you advised her that she would no longer be needed end Dec and that she needed to start looking for work, as this could be then used as part of the consultation process ( you need to consult with the employee as well as pay severance)

In most cases the worst the CCMA awards is around 3 months salary and given that you are an individual employer rather than a company they probably wouldn't go that far.

You have two options:

1. Advise her in writing that she was advised that you would no longer have a requirement for her Services by end Dec 2012 ( give the various dates you discussed it with her, as your daughter will be moving to a school and you no longer require a nanny and that you have been advising her to look for alternative employment, also state that you have ensured her UIF is up to date and you are willing to pay her up until 14 December , but she can leave with immediate effect. You can also then pay her the severance pay (as the other ladies mentioned its one week for every year of completed service) and indicate that in the letter as well. If you include her final payment in the letter, you can insist she signed receipt for that in the letter before you pay her, that way she is confirming she received the payment and the letter.

2. Stick to your guns that its a fixed term contract, pay her out until 14 December, but get rid of her now, she sounds unreliable and if she goes to the CCMA prepare for the fact that they often take the side of the employee and you may have to pay out at a later stage.

Hope that helps

HA HA HA kerry - You are SO right about the adopt thing! Su easy to get them employed - so friggin diffcult to terminate services!

I am going to stick with what I have now... If she runs to the CCMA - and I loose - I then worry about the 3 wks severance pay or whatever...

Thinking of it now.. maybe I mustnt even pay the R180 back to her? I mean - my work doesnt give me money fro Dr appointmnts?

On another note... I SWEAR I felt movement just now... dont know if its gas? lol

Shout if you need help doing the calculations, there i can help you, i work in payroll

sorry Charmi, its bleak but you may not be able to prove that she knew from day one she would only be employed until now, its your word against hers and so CCMA may rule in her favour, that you will have to pay the severance, whish is a week for every year or part thereof worked.

June 2011 was one year, June 2012 was two, and the last part of 2012 so you would have to pay her three weeks severance - If they rule that way. Hopefully they wont.

I wish you could actually employ them, but its more like you adopt a maid... because from the time they start with you you are completely at their mercy.