Im looking for Pro-Bono assistance in compiling and presenting my case at CCMA for Constructive Dismissal. Beginning January 2016 my employer allowed me to relocate to East London for family reasons. I was a Sales Rep earning R5000 per month plus commission.
In May 2016 my employer asked me to return to Cape Town but I could not. We agreed to part ways amicably and there were no hard feelings. During December 2016 this former employer called and offered me new employment commencing January 2017. Telephonically, we agreed that I would no longer be selling but only signing off rental contracts. R1000 per contract agreed. No basic salary agreed.
The employer would ensure I received between 25 and 30 contracts per month, meaning I could expect to earn R25000 – R30000 per month. This did not transpire. When I queried anything regarding my pay, work was withheld from me.
I requested payslips and my employment contract. They did not reply to. I held my peace and decided it’s better to not rock the boat and have more work taken away from me as I was solely reliant on being paid per contract.
During August 2017, structure of the company changed. I do not know how exactly. During January 2018, February 2018 and March 2018, I requested that the salary promised to me be given to me. At the end of March 2018 I received my new salary of R25000 per month. I received a call from my boss who said that if everything went well, then in 3 months time my salary would increase by R5000 to be R30000 per month. At that time I expressed a desire to move from East London back to Cape Town to be where my employer is based. Especially since I knew that in 3 months my salary would be R30000 and I would be able to afford to move back.
My employer asked if I would rather move to Johannesburg where my services would be utilized better. I agreed but requested this to take place around August 2018 as my lease agreement would then expire and it would give me time to pack and find storage for my possessions and a new home for my dog. They did not let me