Labour Law

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Strong Claim CCMA

Question:

My company changed our pay structure 6months ago and have been saying they will be giving us new contracts all this time, but every time they make a deadline for us getting these contracts they change it, but this is not why I am writing to you, I am writing to you because my managers have warned us that we might not want the new contracts and was wondering were I stand if I do not agree with something on the new contract, can they fire me?

Answer:

A company cannot make any changes without consultation and mutual consent from the employee. Equally they cannot unreasonably force you to accept the new contracts. If they tried to fire you they will be doing so in order to enforce unilateral changes to terms and conditions which means you would have a strong claim against them at the CCMA. Remember once you sign and accept the new terms they win and you have no choice.

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