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Thread: Leave Pay

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    Leave Pay

    Hi everyone
    My ex-employer/partner has falsely accused me of misconduct ( theft) which he has no proof of apart from false affidavids made by current employees, i have taken him to the CCMA for a Con/arb but his lawyers have asked for a post ponement regarding the arbitration, we met at the CCMA for the Con process and again they asked for a extension as now they want to try and negotiate with me and my demands (my shares and restraint of trade). i learned today from their lawyer that they want to proceed with a damages claim against me for so called losses that the company suffered which again i say their is no proof as i did not commit any of the charges which they accused me of. My question is can they proceed with this charge even though their is a CCMA case or have they the right to do so anyway

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    Email problem mother's Avatar
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    But what happened to make them want to "nail" you? Surely something must have triggered this?

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    We had a disagreement on issues related to business operations and me being a minority share holder they decided to go ahead anyway with their plans and since then relations between us have been strained. it now seems like they are looking for other avenues to get rid of me.

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    Gold Member Singhms's Avatar
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    So you have actual shares\members interest in the cc\pty ?

    & a partnership agreement?
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    Platinum Member sterne.law@gmail.com's Avatar
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    In answer to the question, yes they can proceed with the damages claim whilst the CCMA matter is in process.
    I would not delay the next step of arbitration. Should you reach settlement then you can withdraw the matter, without penalty.
    If, as per your post, the reason for wanting a delay is to negotiate, it some what rubbishes their claim about a damages case, alternatively they merely want you to be out of time to continue with the matter.
    Anthony Sterne

    www.acumenholdings.co.za
    DISCLAIMER The above is merely a comment in discussion form and an open public arena. It does not constitute a legal opinion or professional advice in any manner or form.

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    Site Caretaker Dave A's Avatar
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    Sounds like delay, divert, obfuscate and intimidate.

    Also sounds like "leave pay" is an inappropriate title for this thread, although just what title would be appropriate is not immediately apparent.

    Have you got legal counsel yet to represent you? I suspect you're going to need it.
    The trouble with opportunity is it normally comes dressed up as work.

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