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Thread: Fixed term employee/rolling over contracts/independent contractor??

  1. #11
    Site Caretaker Dave A's Avatar
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    I think the "independent contractor" side of this discussion is long gone if you've been a fixed term employee for the past few years. But this situation does beg the question:

    Neo, what are you expecting from your employer at this point?
    Last edited by Dave A; 10-Feb-11 at 07:38 AM. Reason: typo

  2. #12
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    Look, I know exactly how you feel. I got screwed over 7 years ago in practically the same situation. The mistake that I made was to tell my colleagues that I was planning to move to the client. They told the outsource boss who in turn screwed up my relationship with the client to such a degree that I was forced to resign never to work for either company again. I would still love to work for the client and if I saw the MD of the outsource company I would still drive over him. This event was my exit from the IT industry and probably the biggest mistake I ever made. If I had kept my cool and planned the move properly without getting upset my life would have been far different today.

    Bottom line - pick your battles - play your cards close to your heart and look after number one. Yes, I know you are pissed and that you want to get back at them, but don't waste your energy - keep your cool and keep your mouth shut (especially around the water cooler - you will be surprised at the stories that your so called colleagues carry around)

    Decide what you want and go get it. If you want to work for the client then position yourself to do so, but don't waste your energy on chasing after a permanent job with your current employer that you don't want anyway!

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  4. #13
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    When I was a shop steward some time ago I faced a similar problem. The Municipality had a contract with a certain labour broker to provide certain services. After 4 years these workers were informed that their contract will no longer be renewed and was dismissed. I fought the case based on reasonable expectations and these workers were re instated. They were made permanent and are still working for the Municipality.

    Just to let you know there is still hope at the end of the tunnel.

  5. #14
    Full Member Retha's Avatar
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    From all the participant's posts there have come a lot of perspective and I just want to say that I learn a lot from you.
    I think you really need to consider whether you want to chase the retribution for being wronged, or you would rather build your career. I really hear what people have been saying.
    I knew a guy once who spent years fighting for his rights, building his case, tralala. He was bitter and just did not move on. Our emotions is sometimes a powerfull force in our own destruction.
    As an employer I will NEVER take on an employee if I know he has been to the CCMA before. My perception is that it may well be a vindictive person, just trying to get what he can, by any means he can, and that I will not be able to trust him.
    I agree, IT is such a higly paid environment with lots of opportunities, that you really can just move on. Forget the restrict of trade, I agree, they will not chase it as they know they will get nowhere. Build your professional image and concentrate on your future.

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    Well, I think we deserve in all honesty at least a retrenchment package of some kind as it is due to the bad management and "dodgy" labour practice from the broker that 25 people are unemployed. reinstatement is not an option for me due to the negative experience of dealing with this company after all this.

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    It is such a difficult problem. The same company wanted to get rid of one of the guys. They did what they would refer to as "Preformance management" - This phrase meant that they would ride his butt and record how he (failed) performed. They did this for a while and gave him lots of warnings. Eventually they got to the point where they dismissed him based on "poor performance" - they did it by giving him work that he couldn't cope with. Anyway, he took them to the CCMA and after much to and fro the CCMA found that the dismissal was ok and that they had acted within their rights. It took the guy four years to find another job because everytime he applied for a job this lot came up. A lady phoned me for a reference one day and aked me about it. I explained to her how he had been "performance managed" out of the business.

    I agree with Retha, its not worth the bother unless you stand to gain a hell of a lot. Rather cut your losses and move on.

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