[1001, 00:21] Keshia: Seeking legal advi...

Asked by Keshia on 01-10-2020 00:33:01
Question posted in the General Law category relating to Western Cape

[10/01, 00:21] Keshia: Seeking legal advise on a labor related issue I've gone to ccma had the concilliation however they didnt show up I then received the certificate to go through the arbitration process please see below my issue and please advise it will be very much appreciated what I'd like to know is do I stand a chance with this to get monies paid out for any loss and damages as this has left me in a tremendous amount of debt[10/01, 00:21] Keshia: on the 27 March 2020 the president declared a national lockdown on the 26 May 2020 an email has been sent from myself and colleagueswe all had questions that needed to be answered as in this time Capita hasnt been very transparent as to what was going on we were left in limbo for a very long time (emails)

In this time while being left in limbo on the 26 may 2020 vulnerable employees like myself receievd a letter stating that we are considered vulnerable as a letter we can use for our debtors this was then disputed by myself and many other employees who received as we were concerned that with us being declared vulnerable this would mean that we would be at home left in limbo for a longer period I spoke to franco tredoux who i then asked who said i have a health condition he said wel based on incidents that took place at work were it concerns my breathing i then stated i havent been diagnosed being in distress im a single mother i have debt and cannot in any shape or form be at home with no form of income or dependant on the TERS i then took my chances went to the doctor and requested a letter stating that i am fit for work i felt bullied as capita not being transparent left me no choice i had numerous altications with them requesting that they retrench me as my job means nothing to me i was told that this would cost the company money however my doctor declared me fit to work as per my discussion with my doctor he said that i have a health condition he asked how often i use my pump i said i go through them very frequently (proof)i then went back to work however with doing so i took my pump with to work as im very depandant on it 

i returned back to work on the 6 june 2020 went through training 

on the 15 july 2020 i got disciplined for not wearing my mask as frequent i was given a investigation meeting which i didnt dispute however with this being said i then advised and informed management about this which was the first time that i mentioned how bad my condition really is and for obvious reasons im walking around with a pump management then informed franco who then called me and advised i should go home go back to the doctor and getting a letter advising what is really going on in this i raised my concern and advised that i came back to work cause i felt like i was being bullied his response was he understands 

since the 15 july 2020 ive been home i got a salary for last month 31 ,July 2020 in the meeting i had with franco he advised that me being at home would be unpaid what he used was your health comes first and you would most likely be home until the corona virus is no longer i questioned myself how can this be im going to be home with no form of income get debtors on my case and have no food to eat electricity at home i would so to say be useless but ive got a job what is funny i had this conversation with a woman from hr i asked her why dont they retrench she then told me about that costing the company money i asked her how is this conducive to me she said you have a job REALLY 

ive been asking for an update since ive been home only to be told that there is nothing i dont wanna get blacklisted ive given them so much time to sort me out yet nothing has changed i receievd a unpaid payslip but i have a job how does this help me how ive become depressed based on the actions of capita who has shown no remorse towards me what so ever ive sent numerous emails to hr who just disregarded (proof) i know we are going through a pandemic but what does this do to peoples mental state capita is ruining my life by doing what they doing i feel this is a sorry excuse of a company no one can live on love and fresh air they are advertising jobs but people like myself who are employed by capita has no form of income how does this even make sense i feel like they want people to resign the day i said i have logged my issue with ccma then hr responded and had me cc into emails and someone of hr a nyengane daid he will help me all ive been advised is that they have a work from home position now after ccma and they seeking legal advise to have people train from the office im again left in limbo

this is so unfair how can a company yet so big show nothing towards their employees i even starting seeking counselling in order to deal with my situation on the 1st September 2020 athenkosi sent me an email that included attachement requesting for a signed letter from my doctor giving permission for me to be at the office and train i went to my doctor the next day requesting for this documnetation on the 7th i received a very unpleasant call from him advisng that because the doctor permitted me to be back work for traning i can now come and train on a new campaign and work from office as there is no longer work from home options available

i was furious i told him i knew they were going to do this and i am yet being played by capita i told him why would i want to start on a new campaign when the only reason why i was okay with the redeployment is because my campaign did not offer the work from home how can they do this by then i felt like i was at home for nothing they sold me hopes and dreams that were under false pretenses i then called my operations manager and told him about what happend i said i dont care if i contract this virus i wanna come back as this has done me more harm than good financially and mentally he then said okay he will sort this out for me i then started two days later in this time ive had meetings with operations who advised me that he understands my frustration as all this put me in a real bad space i told him by law options were given to employers i was home with a job and no form of income this has scard me were it concerns my debt so as far as my knowledge does go they have the options as follows 1.work from home 2.use sick days 3.leave days 4. ters given by government 5.unpaid which should be the last resort he then said to me that as advised by hr there are no wfm i wanst sick i dont have leave and they are waiting on ters i then told him i was advised that there is work from home i get im not sick and payroll sent me an email advisng that they did not apply for ters was and it was even then extended to september i then left him in this time he advised that as per payroll i would have deduction of 49 hours that i owe the company i didnt understand why he then said it is because i got paid out a full salary as the paymnet cycle is from the 18 of one month to the 19 of the next this didnt make sense because if i work it out 49 hours is 6 days when i checked how many since i started from the last payment cycle those days were more than that by then it didnt make any sense to me i then left it and thought i would atleast get something without an explanation i just accepted it on the 24th september i received my payslip that showed a 0.00 balance i contacted my operations with this my debt hasnt been paid as mentioned i am the bread winner our house our water is in arrears with the last two things mentioned this just contributed to it he said he understands and he showed me the hours he will query with payroll he asked for me to send my payslips i sent august and september aswel the friday i contacted him asking for feedback i then also said to him about how all of this is affecting me i sent him pictures as proof he then said he will chase when he gets feedback he would contact me i kept sending him messages he then asked my manager to contact me who then said they are authorising leave for me bare in mind our previous conversation where he said i dont have leave i mentioned that i do have leave cause i was on leave friday cause i told him i dont have money to get to work things are really bad at home so bad that i had to pawn my laptop for 1000 just for my family to eat last month im a single mother bread winner father a cab driver and my mother a domestic worker how are we to live my friend offered to buy electricity or should i say colleague we have been barley living borrowing asking people for help putting ourselves in further debt there explanation for me not getting paid is whatsapp message from both manager asnd operations manager but as per the labour law there was no agreement written between me and them secondly as per the labour law they are only to deduct 25% of my basic salary thirdly well they were to claim this from the government and use my leave days that i have i wouldnt have been in this predicament were i owe them money as i was at home with no fault of my own and nor did i ask them to pay this moneys to me that they claim they paid extra franco called me on the 30th september 2020 saying that he has a option for me where i take an advamce from the business and pay it back within a space of months again i am in debt with them how is this my fault i am in a state of desperation and i agreed to it cause my family needs to eat and my debt needs to be paid i am in arrears again my job means nothing to me absolutley nothing cause im in arrears with debt my family has been living off hand outs and we might loose our house due to not making payment I hope this is taken into consideration    

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