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Unfair Dismissal

A seemingly ordinary company hired me on a 1 month probation period, and provided me with all the tools to perform my work. Before commencing probation, I signed a contract that states the document “is not an employment contract”, and classified me as a probationary “private service provider”. I was not provided with adequate training nor made aware that the standard of my work was lacking, and how it could be improved. After 22 days, the manager informed me that he does not think that I am cut out for the role, and that my contract will not be renewed. This came as a complete shock to me, and I believe that it was a premature decision to dismiss me. I believe that I was unfairly dismissed. Con/Arb at the CCMA is scheduled for next week. I want the company to reinstate me. Failing reinstatement, I want 4 months salary. I am not sure if I should withdraw my case (and if this can be done in the conciliation leg of my hearing). I have 3 main concerns: 1. Will the CCMA have jurisdiction to hear my case? (I asked my case manager but she won’t give me an answer) 2. Can I successfully argue that I was a probationary employee? 3. Could the company’s legal team successfully argue that my case is trivial, and have me pay their legal fees?



Good day,

I would advise that you contact an attorney as soon as possible.


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