Hi there, thank you all for giving advice etc. I have forwarded this to the ccma so hopefully everything will work out ok. Just to add....I dont think this is correct.
I went to work yesterday and they gave me some letters that they have send through to me apparently I had to pick it up from the post office but I havent received anything to date. This is what they apparently send through.
31 July: Our telephone message on 28 July 2008 refers: (They did not phone me) According to our records you have been absent from the workplace from 22 july until 31 july without authorization or approval. ( I have downloaded my itemised billing and have proof that I phoned in on the 22nd and the 23rd)
You will understand that this situation is causing company disruption and cannot continue indefinitely. We consequently need clarification on your empolyment relationship with us. You are therfore urged to report for duty on or before 8:30 on 1 Aug 2008, or if you are unable to do so, to inform management whether you are physically incapacitated, and also to arrange for proof of your incapacity to be submitted to management.
Should you not report for duty or contact management as instructed, you must understand that your absence and failure to contact management will have certain consequences. We may assume that you elected to desert your position with us and thus terminated the employment relationship from your side.
In the above event you must expressly note that you terminated the relationship on your own accord and that you will have no rights to claim unfair dismissal in any way whatsoever as the relationship was not terminated form the employers side. ( Keep in mind that I havent received this letter until yesterday the 11th Aug)
2nd letter - dated 4 Aug 2008
NOTICE OF TERMINATION OF EMPLOYMENT
Further to my ultimatum to you to return to work by not later than 8:30, on 1 Aug 2008, you have failed to do so.
your continued refusal to tender normal servic when called upon to do so constitutes fundamental breach of contract which entitles the company to terminate the employment relationship.
you are therfor hereby advised that your employment has been terminated with effect from 4 Aug 2008
3rd letter - dated 11 Aug 2008
SUSPENSION FROM DUTY
You are advised that you have been suspended from duty from 8:30 11 Aug until the outcome of a disciplinary hearing. Should you wish to appeal against this suspension your written representation must reach the employer within 24 hours from the 12th of Aug 2008.
During your suspension, you will not be permitted on the company's premisses unless written permission has been given to you by a senior member of management. You will be given a notification of a hearing letter on monday 11th of Aug, which will advise you of the date of the disciplinary hearing.
I really do not understand this:
I have not received any letters from the company before yesterday
Am I not suppose to sign for the letters?
I Phone them the 22nd and 23rd of July - stating that I need to go back to the neurologists.
Can they terminate my employment without a hearing?
As I understand I am no longer working there, so the hearing is just a formality to tell me that?
I have given all my docters letters to the company yesterday, I have proof that I phoned in and I havent received any letters from them until yesterday.
Can they terminate my contract just because I was ill?
Kind regards
Jenine
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