What is the right way to fire my domestic worker?

[g0nt4du]

Hi all,

I've searched through the forums, but left with some confusion around how to fire my domestic worker? 1 week pay per year served as severance, plus discretionary?

Context: She has been helping me since 2012 - once a week only - no contract, it was all verbal based on recommendation of the previous person that hired her. Annual increases, leave, etc. have all happened.

Present problem: Decrease in quality of work, neglect of duties (but don't have written evidence) and possibly a loss of eyesight that I cannot prove. I have tried to make it work, and asked her that she needs to do her job well (being specific while explaining), but things aren;t improving. Now, lockdown, I am discovering all the neglect of this person because I am having to do the cleaning myself. Additional problem, I was single when I hired her, could get by with Afrikaans. Now married, my wife and her cannot communicate effectively as my wife does not speak Afrikaans - and I do not expect the domestic worker to learn English.

It appears that it won't work anymore with her and therefore I need to fire her.

What is the right process?

 

[Sirus_the_virus]

Yes, right thing to do would be fire your wife and get a new one.

I mean you and the domestic were together for 8 years.

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[Off-The-Chart]

Yes, right thing to do would be fire your wife and get a new one.

I mean you and the domestic were together for 8 years.

not all things age well unfortunately

 

[nagapie]

Yes, right thing to do would be fire your wife and get a new one.

I mean you and the domestic were together for 8 years.

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He should trade his wife in for an Afrikaans model #problemsolved

 

[Phence]

Pics please of both dishwashers.

The only advice I have is she isn't permanently employed so you should not need to worry from my understanding. Call the CCMA for advice they're very helpful.

 

[Greekking]

Verbal contracts are a tough one at least its once a week. Do you have proof or pay slips ?

She will most probably go to the ccma and you will need to prove your side. I would say give her 4 weeks pay. Make her sign a mutual interest letter or resignation letter and a receipt for the monies received. Then you are covered .

I can help you draft the letter if you want.

But if you give her 4 weeks she really shouldn't complain (she should get 0)

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[g0nt4du]

Verbal contracts are a tough one at least its once a week. Do you have proof or pay slips ?

She will most probably go to the ccma and you will need to prove your side. I would say give her 4 weeks pay. Make her sign a mutual interest letter or resignation letter and a receipt for the monies received. Then you are covered .

I can help you draft the letter if you want.

But if you give her 4 weeks she really shouldn't complain (she should get 0)

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Thank you - do you think the letter protects me from CCMA? Or it's about hoping that she doesn't go there?

As for payslips, can just show the bank transfers to her account. Nothing else.

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[g0nt4du]

Also asked this question on MyBroadband, so that everyone gets to see.

https://mybroadband.co.za/forum/thr...&share_fid=11467&share_type=t&link_source=app

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[Greekking]

Thank you - do you think the letter protects me from CCMA? Or it's about hoping that she doesn't go there?

As for payslips, can just show the bank transfers to her account. Nothing else.

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The letter protects you so if she goes it states

She agreed to the mutual separation it was explained to her and she understood and was not forced to resign. She also recieved a small package and understood what the package was for

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[g0nt4du]

The letter protects you so if she goes it states

She agreed to the mutual separation it was explained to her and she understood and was not forced to resign. She also recieved a small package and understood what the package was for

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Ok cool. So I guess the challenge is lockdown now. Hard to get a signature.

Was hoping to have this sorted out over this "quiet" time.

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[Greekking]

Nah rather do it in person. Also se eif she returns after quarantine, maybe she doesnt come back ?

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[CRE4MPIE]

Hi all,

I've searched through the forums, but left with some confusion around how to fire my domestic worker? 1 week pay per year served as severance, plus discretionary?

Context: She has been helping me since 2012 - once a week only - no contract, it was all verbal based on recommendation of the previous person that hired her. Annual increases, leave, etc. have all happened.

Present problem: Decrease in quality of work, neglect of duties (but don't have written evidence) and possibly a loss of eyesight that I cannot prove. I have tried to make it work, and asked her that she needs to do her job well (being specific while explaining), but things aren;t improving. Now, lockdown, I am discovering all the neglect of this person because I am having to do the cleaning myself. Additional problem, I was single when I hired her, could get by with Afrikaans. Now married, my wife and her cannot communicate effectively as my wife does not speak Afrikaans - and I do not expect the domestic worker to learn English.

It appears that it won't work anymore with her and therefore I need to fire her.

What is the right process?

1 day / week is less than the mandatory amount which qualifies as "permanent" employment. My guess would be a discretionary severance package would suffice.

 

[g0nt4du]

Nah rather do it in person. Also se eif she returns after quarantine, maybe she doesnt come back ?

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Yeah seems like it. Otherwise there is all the time in the world now to strategize on what to do.

I guess I can try sort her UIF out in the meantime if possible.

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[Greekking]

Were you paying UIF ?

She will get peanuts for once a week on temp :/ but better than nothing I guess

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[g0nt4du]

Were you paying UIF ?

She will get peanuts for once a week on temp :/ but better than nothing I guess

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No I never did. I wasn't even aware that for her being a once a week person she would be on UIF. That said I stand corrected as of this morning.

Yes it would be peanuts but better than nothing.

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[Greekking]

Then you cannot claim UIF if you and her were not contributing. 1% from her and 1% from you was needed

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[g0nt4du]

Then you cannot claim UIF if you and her were not contributing. 1% from her and 1% from you was needed

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And the "from her" is me deducting on her behalf and paying over yes?

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[Greekking]

And the "from her" is me deducting on her behalf and paying over yes?

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Correct. You need to pay on her behalf.

For arguement sake let's say her wage is R100 per week ( it shouldn't be minimum wage is much higher)

R100 - 1% she gets R99 and you pay UIF R2

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[g0nt4du]

Thanks guys - really appreciate the help so far. will pick up this thread post lockdown again

Any ideas on how I may go about "correcting" her UIF status in the meantime?