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"mutual termination of agreement"

I lodged a grievance against my direct line manager due to her inappropriate and unprofessional behavior towards me. I was chased out of the building, my laptop was confiscated during the process, she confiscated the remote for the parking bay and then she insisted on searching my vehicle. My COO then made me an offer that due to break in trust and irreconsilable difference it is best that my employment is terminated, they offered me 6 months salary. The contract I need to sign should I agree state "mutual termination agreement". do i still qualify to claim for uif? i have been in their employment for 5 years

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  • Dismissals
  • Uif

vilencialucas
 User  vilencialucas asked at 12 Nov. 2017

 

1 answer

adelina
 User adelina answered to question to 05 Feb. 2018
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Firstly, they did not follow the correct steps when dealing with a grievance. They cannot just chase you out of a building without suspending you. what they have done is an unfair labour practice in handling the grievance and in ending your employment relationship. I would refer them to the CCMA on claims of unfair labour practice and unfair dismissals. they also cannot without your consent search your car as this is your private property so you can in turn sue tis person for break of entry or invasion of your privacy. In a way the contract that you would sign is a retrenchment package and yes you could claim UIF. I would rather take this to the CCMA as the way they handled the procedure is incorrect.



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