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Diagnosed with stage 4 cancer - the long winding road it has become


Cois
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Was informed today that I face being retrenched or medically boarded because I can’t perform at 100% due to my health.

But like before this gets dropped on me at 16h30 in the afternoon on a Friday. Just to fudge my weekend. And this was the MO the previous time I work at the company. I was told that things will be made unbearable for me till I quit as they did with an employee that received the same treatment last year.

So I do not know what to do anymore.

This morning I thought of driving of a bridge. This illness and the things at the company are driving me to unsavory thoughts.

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Was informed today that I face being retrenched or medically boarded because I can’t perform at 100% due to my health.

But like before this gets dropped on me at 16h30 in the afternoon on a Friday. Just to fudge my weekend. And this was the MO the previous time I work at the company. I was told that things will be made unbearable for me till I quit as they did with an employee that received the same treatment last year.

So I do not know what to do anymore.

This morning I thought of driving of a bridge. This illness and the things at the company are driving me to unsavory thoughts.

There is a lot of hate and anger in this world. Seems they are blaming you. I don't know what your contract says. I can only imagine this job means a lot. I don't have the answers. I also understand your wanting to be angry. Be careful how you direct it. You really need to speak to someone who is a calm mind. A good friend?

Sorry for what is happening. I don't know half of what you are going through but please try to go slowly with whatever decisions you make. My thoughts are with you.

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'Cois, this is called constructive dismissal. It's illegal and would in principle leave the company open to a claim by yourself. You should consult a good labour lawyer as soon as you can. Unfortunately its not my area of expertise or I would offer to help without charge. I know you don't need this additional drama in your life right now but its the only useful advice I can provide.

 

I was told that things will be made unbearable for me till I quit as they did with an employee that received the same treatment last year.

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'Cois, this is called constructive dismissal. It's illegal and would in principle leave the company open to a claim by yourself. You should consult a good labour lawyer as soon as you can. Unfortunately its not my area of expertise or I would offer to help without charge. I know you don't need this additional drama in your life right now but its the only useful advice I can provide.

Had a lawyer that I used when the previous company retrenched me. But he was as useless as Eskom providing uninterrupted electricity.

So will keep my eyes open and I might join Solidariteit just to protect myself.

But this time I will fight and not take it like a dog being kicked every day.

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https://www.eurekalert.org/pub_releases/2021-02/uop-ftt012921.php

 

Gross, but interesting. Shows how much we still have to learn.

It is very interesting but I know that there is a ongoing study regarding the gut biome and effects that covid has on the patient.

I think we underestimate what the gut bacteria has on us.

Will ask the oncologist what he thinks about it. They seem very slow to look at treatment trails and other treatment options.

Even with the tests that were done I am not sure on my treatment plans (even the medical aid seems a bit reluctant at the treatment plans)

But will know in two months and a MRI scan

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Started my chemo this morning.  So far nothing to bad.  Everything just has a metallic smell to it.

 

Thursday its my nemesis again.  The dreaded MRI Machine and one hour of "musical" torture for a baseline to see what the new medication kills...

 

The last blood test did not look good at all.  My cancer marker that were 25 last year came to 384.  And the one that was 5 is now on 49.  but at least we have a base line now.  And the doctor was happy that I  requested the blood test.

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Had a lawyer that I used when the previous company retrenched me. But he was as useless as Eskom providing uninterrupted electricity.

So will keep my eyes open and I might join Solidariteit just to protect myself.

But this time I will fight and not take it like a dog being kicked every day.

 

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. 

 

Retrenchment and  dismissal due to ill health are also  legally two very different scenarios and the company should not be offering one as an alternative to another. Each has its own requirements for it to be done legally and correctly.   One cannot ever offer retrenchment as a 'threat' as that invalidates that it is being done for a fair reason that is unrelated to performance.  

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Fudge this new chemo is kicking my arse around the block!

 

Blood pressure last night: 137/112 down from 149/121

Constant headache and nausea.

My feet and hands are taking a beating as well. They are hyper sensitive at the moment making walking a bit difficult.

 

Went to see the GP this morning at 07h00. On blood pressure medicine, rapid headache pills and a beta blocker because my heart started running away.

 

At least I have my new contact lenses so there is a huge plus point. I can see much better now...

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Fudge this new chemo is kicking my arse around the block!

 

Blood pressure last night: 137/112 down from 149/121

Constant headache and nausea.

My feet and hands are taking a beating as well. They are hyper sensitive at the moment making walking a bit difficult.

 

Went to see the GP this morning at 07h00. On blood pressure medicine, rapid headache pills and a beta blocker because my heart started running away.

 

At least I have my new contact lenses so there is a huge plus point. I can see much better now...

**** man, I really feel for you. Hopefully this new chemo kicks this bastard into touch.

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Fudge this new chemo is kicking my arse around the block!

 

Blood pressure last night: 137/112 down from 149/121

Constant headache and nausea.

My feet and hands are taking a beating as well. They are hyper sensitive at the moment making walking a bit difficult.

 

Went to see the GP this morning at 07h00. On blood pressure medicine, rapid headache pills and a beta blocker because my heart started running away.

 

At least I have my new contact lenses so there is a huge plus point. I can see much better now...

 

Imagine how uncomfortable that treatment is to the big C if it is making you this uncomfortable.

You just need to keep up your strength and only good things will come from this....

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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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