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Posted

Only saw your post now. Constructive dismissal is not as easy to prove as people believe  and case law is relatively thin on the ground compared to retrenchment/misconduct etc.  Do not resign at all. Hang in however hard it is and I do understand that is easier said than done. 

 

 

 

This is NOT legal advice but the comments from an experienced labour lawyer I chatted to.

 

Apparently, you carry the onus in a constructive dismissal case (that means you have to prove all the elements of constructive dismissal) and as Red Robin correctly says that is very difficult.

 

Apparently, in almost all cases it is better to hang in there and if they do terminate your employment, you bring a unfair labour dispute/dismissal claim and the onus is now on them. (i.e. THEY have to prove the dismissal was fair).

 

Apparently, this is a much better option, but join Solidarity as you thought of, and get them to fight on your behalf.

 

In the meantime, do not resign but keep good notes of all interactions (keep a diary) and f*ck them up if they fire you.

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Posted (edited)

@Cois I'm just here to say I'm thinking of you. You going through a helluva lot with work now being anything but supportive. I honestly don't know how people like that can wake up in the morning and look at themselves. Hold strong just like you have been

Edited by Stretch
  • 4 weeks later...
Posted

Morning all

 

Sorry, been a little busy the last month.

 

Chemo is going well.  My hands and feet are still taking a hammering, and blood pressure is sky high even with medication.  But this far it is not to bad.  

 

I can't cycle at the moment (due to my feet).  I am not on crutches anymore so that is good as well, as I can move a lot faster without the help of the alu brothers on my side.  And it sure makes getting out my car much easier (people have no respect for disabled parking users as they try to park as close to you as they can)

 

All in all things are looking good.  

 

Will keep this fight going as long as I can.

Posted

Morning all

 

Sorry, been a little busy the last month.

 

Chemo is going well.  My hands and feet are still taking a hammering, and blood pressure is sky high even with medication.  But this far it is not to bad.  

 

I can't cycle at the moment (due to my feet).  I am not on crutches anymore so that is good as well, as I can move a lot faster without the help of the alu brothers on my side.  And it sure makes getting out my car much easier (people have no respect for disabled parking users as they try to park as close to you as they can)

 

All in all things are looking good.  

 

Will keep this fight going as long as I can.

Awesome stuff Cois... keep fighting the good fight. There's a whole heap of us in your corner!

Posted

This is going to be a big ask....

 

Does anyone have a contact that will sponsor me with a Kickr smart trainer?

 

I have made peace that I would not be able to cycle for a long time due to passing out at random times. So I could be on a cycle path with death leading me away, and no one would know.

Posted

This is going to be a big ask....

 

Does anyone have a contact that will sponsor me with a Kickr smart trainer?

 

I have made peace that I would not be able to cycle for a long time due to passing out at random times. So I could be on a cycle path with death leading me away, and no one would know.

Cois, a fighter like you deserves a kickr.

 

Both my parents fought this horrible disease so in very small way I know the challenges you are going through.

 

I’ll get the ball rolling and I’ll put R2500 into the “Get Cois a kickr” pot!

Posted

Cois, a fighter like you deserves a kickr.

 

Both my parents fought this horrible disease so in very small way I know the challenges you are going through.

 

I’ll get the ball rolling and I’ll put R2500 into the “Get Cois a kickr” pot!

Legend  :clap: 

I'm too broke to make a significant financial contribution, but I do have some valuable paintings - we could auction off one or two if there is some interest with half of the money going into this pot? Battis, Claerhout, Christiaan Nice, Wessel Marais, Mel Brigg, Casey van der Leek, Anton Benzon etc

 

Not sure if there are any art enthusiasts on here  :ph34r:

Posted

This is going to be a big ask....

 

Does anyone have a contact that will sponsor me with a Kickr smart trainer?

 

I have made peace that I would not be able to cycle for a long time due to passing out at random times. So I could be on a cycle path with death leading me away, and no one would know.

 

 

How much ronds does the thing cost?

Do you have an eye on any specific model?

Posted

Hi Cois,

 

Hope you're keeping well!

 

I'm also glad to contribute....

 

Perhaps an option could be this?

The device could work, but the price at the end is very VERY steep.  

Posted

How much ronds does the thing cost?

Do you have an eye on any specific model?

I have no idea to be honest sir.  

I will have to use it with my Mountain bike.  I only know of the Kickr range because one of my friends used his to train.  But I have no idea what to look for to be honest.

 

I have a spinning bike, but I can't move the thing around.  The last time I tried I tore open my scar.  So I need something that is light that I or Reinet can move.

 

The main goal is to get on a bike in our house (we have a very small rental so space is a huge issue).  I can feel my fitness slipping and with the new meds I can't go cycling outdoors.  At home if I fall or pass out, Wilgers Hospital is 3 minutes away.  On the bike... That time can increase to an hour.

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