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Thread: Resignation and Notice Period

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    Resignation and Notice Period

    I have resigned from my current position due to the fact that I can't be associated with the unlawful labour practices at my company. Our salaries haven't been paid on time and not even within the 7 day period allowed, my February salary I only received on the 15th of March. This happens often and I've suffered financial losses due to bank costs and debit orders being returned and has also damaged my credit record. Its a single owner business and he takes money out of the business however and whenever he wishes. He is constantly screaming and swearing at his employees. None of the site workers (its a construction company) is registered for UIF or Workman's Compensation. None of them have safety training and we don't even have a qualified first aider or safety officer. I've told my boss numerous times that this is not right, that its illegal and he replies that its his company, his money and he will do whatever he wants.
    I've now found a better job and resigned, but he wants to force me to give a month's notice. But I am not sure if I will get my salary at the end of March or even my leave paid out. I've been seeing a psychiatrist due to the mental and verbal abuse we get at work. He also can keep his hands off the ladies at work and we've had a very high staff turnover especially in female employees - close to 25 females in the past 3 years and they all say the same thing - he couldn't keep his hands to himself. I don't want to stay there another minute. Can I just stay away and not go back to work? Please help I am desperate!

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    Diamond Member adrianh's Avatar
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    He sounds like a right dick.... Good luck and I hope you get out soon.
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    Quote Originally Posted by christy77 View Post
    I have resigned from my current position due to the fact that I can't be associated with the unlawful labour practices at my company. Our salaries haven't been paid on time and not even within the 7 day period allowed, my February salary I only received on the 15th of March. This happens often and I've suffered financial losses due to bank costs and debit orders being returned and has also damaged my credit record. Its a single owner business and he takes money out of the business however and whenever he wishes. He is constantly screaming and swearing at his employees. None of the site workers (its a construction company) is registered for UIF or Workman's Compensation. None of them have safety training and we don't even have a qualified first aider or safety officer. I've told my boss numerous times that this is not right, that its illegal and he replies that its his company, his money and he will do whatever he wants.
    I've now found a better job and resigned, but he wants to force me to give a month's notice. But I am not sure if I will get my salary at the end of March or even my leave paid out. I've been seeing a psychiatrist due to the mental and verbal abuse we get at work. He also can keep his hands off the ladies at work and we've had a very high staff turnover especially in female employees - close to 25 females in the past 3 years and they all say the same thing - he couldn't keep his hands to himself. I don't want to stay there another minute. Can I just stay away and not go back to work? Please help I am desperate!
    I would just leave if I was you. Especially if you think you not going to get paid for March anyway.

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    Platinum Member sterne.law@gmail.com's Avatar
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    If one fails to give proper notice thn in theory you are liable to pay back the money.
    Employers normally take it from leave.
    Given that he probably owes you and he probably wont even pay you, it hardly matters.

    Working notice (even if you did get paid) sounds like more harm then the benefit.
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    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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    Diamond Member HR Solutions's Avatar
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    I would leave immediately and cut my losses
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    Gold Member Singhms's Avatar
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    Not sure if this will help or cover you legally.

    I would make it clear in the resignation letter that it is with immediate effect.
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    Diamond Member AndyD's Avatar
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    Given the tone of you post if you've got another confirmed job offer I'd strongly suggest you just walk away immediately regardless of what notice period should be given.

    It sounds like whatever you do you're not going to get paid unless you've got the energy and money to pursue the old company owner through the courts so you've got nothing to lose and everything to gain including your sanity by just leaving immediately. Tell him to take your notice period from your outstanding annual leave.
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    Silver Member Greig Whitton's Avatar
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    Quote Originally Posted by sterne.law@gmail.com View Post
    If one fails to give proper notice thn in theory you are liable to pay back the money.
    Employers normally take it from leave.
    Given that he probably owes you and he probably wont even pay you, it hardly matters.

    Working notice (even if you did get paid) sounds like more harm then the benefit.
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    I would go along with what's been said. You sound extremely traumatised. You could leave with immediate effect and register an unfair dismissal dispute with the CCMA on the grounds of constructive dismissal, i.e. it became unbearable to stay. Sexual harassment is taken very seriously at CCMA, but you can only pursue this, if you were a victim (let the other ladies fight their own battles). If you feel you have the energy (and I recommend you do) to take this to the CCMA you have a realistic chance at success and get much more than just your March salary from the cowboy employer. Testimony from your psychiatrist and your bank statements should be more than enough to bury this employer. Take a deep breath, pull yourself together and stand up against such tyranny!

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