Quote Originally Posted by Dave A View Post
No problem at all

(Sorry - my turn to be late to reply )
Hi,
Thank you so much for your reply.
Ok, I will make it as short and to the point as possible so here goes:

1: First, it is important to note that I am the WHOLE IT department at my work, in other words it is ONLY me to do the IT work for the head office and all stores.
2: In November 2011, I took 5 days leave. On the Wednesday and Thursday during that leave I was called in to sort out a server issue. What are my rights regarding this?
3: Considering point 1 above, if I absolutely CANNOT take leave must my company pay me out for my leave? I know the BCEA states that leave can only be paid out on termination of employment but given that it is difficult if not impossible to take any decent leave, can the company not make an exception?
4: Also in November 2011, because of our mail server crashing (after numerous warnings by myself to replace it), I had to work 3 weekends in a row from 7am to 9pm Saturday and Sunday in order to get a new server up and running. There was no way I could have done this in the weekdays as obviously there were people working, so after hours and the weekends were the only time. My company states that they do not pay overtime, is this fair and legal or do I have recourse?
5: Regarding my resignation issue above, I had a meeting yesterday and was told that I am on a month to month basis and that I had agreed to this verbally at our last meeting and my old contract was now void. Is this legal as I feel that a contract should be in writing?

Sorry for the multitude of questions but they all tie in to what I am going to decide to do at the end of this month (November) as the company has told me I can carry on on a month to month basis as a "consultant". Please feel free to aks any questions necessary for clarification of any point.

Thanking you for your time and assistance in this regard,
Mark de Wet.