Lawyer

Discussion in 'The Sump' started by Wes, 8 May 2012.

  1. Wes

    Wes

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    Hi Guys,

    Need some advice with regards to any reliable lawyers, in and abouts JHB.

    What's happened is I've left me previous vocation spot and the chap there wants to charge me 40 000 for training fees, on a couple courses that I attended. However the training Agreement is based on my contract I had with them as an employee, however the aforementioned contract was only signed a Month after my resignation, I was duly forced to sign it as well as an aknowledgement of Debt, otherwise I would not have been remunerated my Pay for the last month I worked for him. He then, off of my final salary took 17 000 to pay towards the 'loan'.

    I haven't paid the outstanding loan amounts as signed for as I think it is unfair, not only unfair, but he paid less than R 10 000 for the courses I attended(I have the original invoices)

    So that's me, if anyone could advise or point me in the right direction I would greatly appreciate it, I clearly don't have the funds at the moment for HUGE lawyer fees, but have been threatened already by the previous Company owner.

    Another thing worth mentioning is I do not use the relevant training skills any longer at my new job, at all. The skills learnt were to increase the 'income' or chargeable Rate that I was billed out as a consultant.

    Appreciate the assistance in advance. :thumbup:
     
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  3. Caleb

    Caleb

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    You might have a defence in that the contract was signed under duress. Stil, it wasn't very wise to sign the contract after the fact. Can you prove when you signed the contract and the fact that it was signed under duress.

    What are you seeking the legal assistance with? Do you wan't to claim th R17000 from him, or are you just denying a debt to your previous employer?

    If you can prove that he paid less than R10000 for the courses, you have a claim of enrichment against him for R7000 he took off you salary since he has unduly enriched himself at your expense.

    This advice is from what I remember from my studies 5 years ago, I would definitely seek professional assistance if I were you as you def have a case.
     
  4. Quintin

    Quintin

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    CCMA in this country works, I believe....
     
  5. Albert Terego

    Albert Terego

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    Yes probably the best option - and they do seem to side with the employee more so than the employer. My wife was there for a conciliation hearing with an ex-employee of hers and she was really impressed with their knowledge and the fairness of the rulings they made.
     
  6. NickW

    NickW

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    Very true, in my experience the employer vary rarely wins a case, especially in the last few years they lean almost all the way to the employees side.

    Our HR manager got a court hearing today to go to the CCMA for unfair dismissal due to expiration of contract, wonder who will win that one.:lol:
     
  7. Wes

    Wes Thread Starter

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    Thanks for the advice so far guys, I've in the interim contacted the CCMA, We'll see what happens.
     
  8. animalia

    animalia

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    What does your work contract stipulate? when was these courses done?

    You just go to the CCMA with all your documentation in JHB Central. Remember the more details the better your case.
    With regards to the Duress Case - Very hard to prove with out witnesses and clear proof of the Duress.

    You will get a hearing within a 6 week period and a decision within a 3 week period if not resolved at the hearing.

    Hope this helps.
     
  9. Nemos Janitor

    Nemos Janitor

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    Last edited: 9 May 2012
  10. FransSny

    FransSny

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    Agreed with what Nemo's said , this is a case for Labour court (as moneys are involved) , CCMA is for dismissals , labour conditions etc.

    After that if he doesnt want to back down , it will move on to civil court
     
  11. Nemos Janitor

    Nemos Janitor

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    Yup. If the Employer has deducted without permition and has not got good reason and has not got proper attendance records. The labour department can present him with a hefty little fine. Give them a call. You will be surprised how quickly your ex employer will contact you to rectify. :)
     
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