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Anonymous

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Family Business
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Hi All

Please help!!!!!

10 months ago my dad asked me to join the family business. When he asked he said the followiing: I am tired and would like you to come and run the family business fro me, I would teach you the technical aspect of the business, get you sales reps to grow the business.

This was June 2010. We started our intial discussion as to succession planning and how my small maintenance business would be allowed to continue operating. I started my business 2 years ago due to retrenchment. I was doing prety ok 'surviviing" when this proposal arrised I thaught it good at the time for my small business to grow a bit more.

During our discussion as to succession, management of the company and my business we could not get to an agreement as to allowing my business to continue as dad clearly spelt out "my company does not allow employees to have any other business interest" furthermore when i did research on succession planning he clearly stated thats not how I do it. Yes i am aware and know that he is the type that will not let go. During negotiation regarding my business he said that he would allow my company to operate only if my company is in is control wich i decline imidiately.

Our initial agreement was that my company could continue to operate and feed of his companies cleint, and should it not work out i would be allowed to take my company with me, all fair and well but i cant agree to running it the way he runs his comapny.

During the past 10 months my business has not done any contracts or worked as we have not come to an agreement. With all this said and done my brother also left the company 3 weeks ago. At this point dad called me in and said succession is not going to work as we dont seem to agree.

At this point we discussed briefly my position with in the comapny, this turned into a screaminng match with me stating that you and mom should consider what it is you want me to do and give a job description so that i know what i should be doing here. My role thus far has pretty much been a clerk capturing work completed sheets, everyday litle task received on hand written notes.

To get to the crucks of the matter on Monday 13 June I receive a letter stating that he / company has offered employment and I declined the offer and that i gave alternative proposals which they canot accede to. (i gave alternative proposals prior to our last meeting. No it is said - "a contract can not exsist between two parties withoout meeting of minds on the fundemental provisions of the said contract"

So where do i stand now. If i read this letter it is clear to me that he no longer wants me around and the original agreement is put into context of a normal contract of employement. Previous a contract presented "succession only" i responded with If succession not materialise position to be as normal position and still be able to run my small business.

Will i have any legal aspect to go with?

Please advice



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Labour Protect

Date:
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You need to enlist the services of an attorney to help clarify the matter.

You contract cannot be rescinded / withdrawn because certain things cannot be agreed upon. All of the correct procedures needs to be followed when dismissing an employee.

You may call the CCMA to assist you further on this matter if you wish to go the Conciliation route.



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Anonymous

Date:
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The one who wants to make costume jewelry, has to at first learn to handle jeweler tools. Handwork always differs in the increased complexity and demands assiduity. Also some practice is necessary for production of original jewelry. It is necessary to begin always with fastening of a pendent to a basis. Actually, it is easiest to do a beads of a triangular form on a chain with the special lock which is possible for regulating also any wooden or stone pendent. It can be done within several minutes but to look it will be unique and it is beautiful.

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