I have worked for a company for the past 7 years as manager. For the last 3 years every time I return from leave I get nailed about work that wasn't done while I was on leave. My direct manager and his dad, my boss, is suppose to take over when I am on leave. Now I received notice of hearing for negligence and refusal of lawful instructions. Negligent conduct due to work that wasn't done while I was on leave.
In the notice it said that I was previously charged with the same offenses and that I am on final warning "based on a meeting in June 2018. I have received no such notice or have ever signed or received such a notice.
He is trying to fire me for work that was up to date when I felt for leave. He has a tendency to at every year end try the same thing. I am fed up with the job and can't work for someone like this, but he tends to get away with everything. He is not paying our PAYE that he deducts from our salaries for about 40-60 employees. We can't file our tax returns.
I just need to know what is the best way to deal with this. Obviously first go through the internal processes and then CCMA. Do the CCMA have legal rights to force a employer to comply to the law like PAYE payments and UIF payments or is that only up to the department of labour?
I just don't want to accept guild of any charges and then can't take them to CCMA for unlawfull practice.
I know I can state my case in the CCMA successfully, we have automated ticket generated systems in place and can proof my case easy because all of the charges is fake and make belief or trying to blame me for their failures. Can I, while still on payroll and not suspended make copies of the documents I need from the system, that will proof my case in CCMA, before they fire me? Or will that be evidence that will be refused in a CCMA case?