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Thread: Probation period over and employer decides the offer they gave me is not what they want anymore

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    Probation period over and employer decides the offer they gave me is not what they want anymore

    Hi, I have a question regarding probation... I started a job a couple of months ago where I was offered a half day job for a certain salary. At the same time I had another offer on the table which I declined for this one...When I got my letter of appointment the salary dropped... nonetheless I already declined the other post and took this one. Two months down the line I still never had my contract, I kept asking for it and eventually after two months into working there I got it with a bunch of nonsense in it... I brought it to the MD's attention and he said he would change it.. ive had kpi reviews in the months ive been employed with no bad feedback at all, only praises... then I had an altercation with my coworker where she screamed and swore at me for not having time to help her... after that I was due for my 3 month review which never took place... they then notified me that my probation would be extended by another month... I was assured I had nothing to worry about and that it was merely to formalize details in my contract... two weeks before my review I had a meeting with the M.D. where he said they very impressed with my work but my time keeping is an issue because apparently I come in very late and leave very early... which is complete bs because I only work 8-12 every day... I never leave at 12 I usually leave around 12:30, most times around 1 and then even at 2/3... should I come ten minutes late I still leave much later. (This complaint is office gossip#fact) anyway... so I had my last review and all of a sudden they decided that they don't need me anymore and they'll give me till end of January.... absolutely nothing to do with my work performance they just made a mistake offering me a half day job. Now.... the only reason they letting me go is because they've found a replacement and they just wanted to keep me there till the end of the year so I can finish up all outstanding work... I've done some research and I've concluded that its unfair labour practice... my question is if they expect me to stay until the end of January(in order for me to give a handover to the new lady) than on what terms am I working if up until today I still dont have a contract... the only thing I have is a signed document with my letter of appointment stating that I am permanent with three months probation...

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    Oh I should add that its an extremely small office and I did not swear back at the coworker who screamed at me... and that when I mentioned it to the M.D. his reply was the truth will come out and he defended the lady.

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    On the face of it you should have an easily winnable case to take to the CCMA, but is that the full story?

    Sometimes the details matter. For example one scenario I can think of where the employer might have a defendable case is if it has become clear the post needs a full time employee and you are only available half day.
    The trouble with opportunity is it normally comes dressed up as work.

    Alcocks Electrical Services | Alcocks Pest Control & Entomological Services

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    Quote Originally Posted by Dave A View Post
    On the face of it you should have an easily winnable case to take to the CCMA, but is that the full story?

    Sometimes the details matter. For example one scenario I can think of where the employer might have a defendable case is if it has become clear the post needs a full time employee and you are only available half day.

    They said they hired me under false pretense offering me the job because the other half day person resigned and they were stuck between a rock and a hard place and I was the best person for the job... however the other lady only resigned two months after they've hired me. Hiring another full day person was always on the table as when they hired me they already agreed to hire another full time person... they said they can offer me a contract until march but their request is I dont leave before the end of January because the new hire would need a handover... my point is can they do this? Is it legal ? Especially considering that I turned down another offer for this post and now they decide they dont need me...

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    Site Caretaker Dave A's Avatar
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    So my shot in the dark got lucky.
    If you want meaningful advice, you really need to volunteer the relevant detail.

    Your situation heads into the realm of "for operational reasons", and with small companies there isn't much scope for maneuver. (It's hard to redeploy you elsewhere in the company when there isn't an "elsewhere").

    Quote Originally Posted by Queen B View Post
    they said they can offer me a contract until march but their request is I dont leave before the end of January because the new hire would need a handover... my point is can they do this? Is it legal ?
    Perhaps. They are certainly giving you adequate notice. And it is a request.
    There may be questions marks about their process, but the devil (once again) is in the details. For example - Are you qualified to fill the new full-time post? Are you available? Did they offer it to you?

    Quote Originally Posted by Queen B View Post
    Especially considering that I turned down another offer for this post
    Unfortunately probably irrelevant to your current situation. Even in your cryptic postings, there's evidence to suggest the company has been overtaken by events subsequent to your initial employment.

    Look, if they're a bad or unstable employer, perhaps it's as well to find another employer.
    The trouble with opportunity is it normally comes dressed up as work.

    Alcocks Electrical Services | Alcocks Pest Control & Entomological Services

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    Quote Originally Posted by Dave A View Post
    So my shot in the dark got lucky.
    If you want meaningful advice, you really need to volunteer the relevant detail.

    I'm giving the info thats in my head currently. There are lots of details but I don't know the importance of it legally until someone asks me. I'm obviously learning as I go along.

    Your situation heads into the realm of "for operational reasons", and with small companies there isn't much scope for maneuver. (It's hard to redeploy you elsewhere in the company when there isn't an "elsewhere").

    My position hasn't become redundant... the new person will be doing the exact same thing as I do. There was a half day women who they had for over a year and then resigned because she couldn't handle the way they run their business... theres another full time lady and they're in the process of hiring another full time, all of whom does the exact same thing. Like I mentioned before, when they hired me, they hired me for a half day permanent post, they had another half day as me, then they had another full day. Their intention was to hire another full day person after they hired me.

    Perhaps. They are certainly giving you adequate notice. And it is a request.
    There may be questions marks about their process, but the devil (once again) is in the details. For example - Are you qualified to fill the new full-time post? Are you available? Did they offer it to you?

    Yes I am qualified and it was offered to me,but when they hired me they never wanted a full day person... and the entire time I've been working there they've been satisfied with my work... when he said he was going to extend my probation by another month he said "I have nothing to worry about, they just need to finalize my contract" so they've been misleading me making me believe that my employment status would be fine. Then on the last minute they tell me they changing my contract... I checked on the ccma website and that's called unilateral changes to terms of contract... they need to consult me before changing my contract and it needs to be agreed upon.

    Unfortunately probably irrelevant to your current situation. Even in your cryptic postings, there's evidence to suggest the company has been overtaken by events subsequent to your initial employment.

    The events were staff leaving due to how the company is being run. They are known to retrench people who they don't like.

    Look, if they're a bad or unstable employer, perhaps it's as well to find another employer.
    I plan on doing that.

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