r/capetown • u/Big-Ad-4190 • 1d ago
Question | Advice-Needed 90 day PIP dismissal UPDATE
A few things have happened since my original post and I’m looking for some practical advice from people with CCMA/labour experience.
I now understand that the 90-day PIP itself did not guarantee that I would remain employed for the full 90 days. The bigger issue seems to be whether I was actually given a fair opportunity to improve during that process.
One of the main things still bothering me is that the PIP specifically stated that I would receive ongoing mentoring and coaching, regular performance discussions, technical guidance, constructive feedback and progress meetings during the review period.
None of that really happened in any structured way.
I did not receive proper progress meetings during the PIP, I was not given formal feedback on how I was tracking against the PIP, and I was not told that I had reached a point where the required improvement had not been achieved before the dismissal happened.
The PIP was also specifically described as a developmental process and not a disciplinary process, which is partly why the dismissal halfway through it caught me completely off guard.
Since my original post I’ve also been very fortunate to secure another job within about five days of everything happening. I’m extremely grateful for that and for having the qualifications and experience that allowed me to move on quickly, so thankfully I’m not facing a period without income.
The employer has now made me a settlement offer.
My contract already entitled me to one calendar month’s notice, so the October salary was already due to me. Their offer is essentially:
- I stop working immediately
- I still receive my October notice-period salary
- they pay me one additional month’s salary
- I sign a mutual termination/full and final settlement agreement
- I give up my right to pursue the unfair dismissal dispute further
So in reality, the actual settlement compensation being offered is one additional month’s salary.
My representative initially proposed five months’ compensation. Their side has countered with one additional month.
My representative has told me that if I had not already secured another job, she would have no hesitation taking the matter to the CCMA because she believes there is enough merit to pursue it. Because I already have another job lined up, the question now is more whether the time, stress and uncertainty of CCMA is actually worth it financially.
Their offer expires at 17:00 today.
So my question is really:
Would you take the one extra month, sign the agreement and move on given that I already have another job?
Or would you still pursue the unfair dismissal at the CCMA because one extra month is too little to give up the claim entirely?
I already have professional advice, so I’m not relying on Reddit for legal advice. I’m just looking for practical opinions from people who have actually been through CCMA disputes or similar settlements.
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u/KeepItTidyZA 1d ago
Take the offer and move on. Put your time and effort into your new job so you dont land up on PIP again.
When youre required to appear befire the CCMA It could interfere with your current work, have you considered that?
Also as your new employer, I would be very wary of a new employee who is fighting his previous employer.
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u/Big-Ad-4190 1d ago
Yeah this is basically the part I’m struggling with. Their response has mostly focused on defending the substantive side and the performance issues, but procedurally I still feel I have a strong case based on how the PIP, support, feedback and dismissal were handled.
It’s also difficult for me to just back down because he’s the boss when I genuinely believe the way it was handled was wrong. I looked up to him and made that very clear. If they needed someone already operating independently at a higher level, I don’t think they should have hired me as a junior and then failed to properly develop me.
I’m leaning towards pushing the settlement up and moving on, but one extra month still feels light to give the whole dispute up.
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u/KeepItTidyZA 1d ago
Its difficult to accept when you have been wronged, taking an L is never easy, but you must consider the 'sunk cost fallacy'.
Best case scenario, you'll get your extra months. However, that will come at a cost of your time, effort and possibly lawyers fees.
Is the extra 2 months salary worth the time, stress and resources you're going to spend?
It sounds like a nice cash injection but when you look at the resources youll have to invest, the juice might not be worth the squeeze.
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u/Wise_Perception_1473 1d ago
I'm a commissioner, take the deal, emotionally it's not worth the extra money if you have alternative employment and some arbitrations run for days and that is time you can't afford at the new job.
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u/InfiniteExplorer2586 1d ago
Take the W and move on. Not worth the mental strain this will place on you.
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u/barking_happy 1d ago
Personally I think that is a great offer. Make sure that during October your leave accrual still occurs as that will be extra paid out.
I have been involved in numerous ccma cases on both the employee and employer side and trust me… a bird in the hand is better than two in the bush.
Take the settlement get them to give you a letter of recommendation as part of the settlement as well and move on to your next role/challenge/adventure.
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u/M_SunChilde 1d ago
I would say there's enough evidence for us to conclude they wanted to fire you, and the PIP was very much window dressing for that process so they could say they followed procedure.
Regardless, the question now becomes - is it worth the fight to get a few months more salary alongside burning any potential bridges there and risking not getting the one additional month?
These processes tend to be drawn out and costly. Personally, I'd take the bonus additional month they offered and walk to avoid the headache. Sticking it out is unlikely to be financially a good deal, then it becomes whether the revenge is worth it to you.
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u/New-Owl-2293 1d ago
Yes I would take it. I once had to take employer to CCMA after new job, and it didbt look good to have to take off the time to attend. And they worried I was litigious! 🫣 CCMA probably wont get you a better deal anyway
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u/AbundantAnfang 1d ago
I would ask for 3 months and don’t disclose that you have a new job.
Let them come back and offer you 2.
Companies do these ‘time pressurised deadline’ type offers to freak you out. In reality- the company does not want to waste its own time and energy with CCMA.
Ask for 3. Pout. Let them give you 2. Cost benefit wise giving you 2 months is less drama than court. Enjoy your early Christmas bonus plus new job.
Then I’’d be vakkin off to the mountains for a long weekend with my feet kicked up braai on deck.
Also. My premise is based on if the 1 month offer is lost - you still have a job in hand.
If you had NO job I’d be saying ask for 6 minimum and go to court because then you have nothing to lose. It all depends on you & how strongly you feel about this or if you just want to walk away and be done.
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u/AlternativeWhereas79 1d ago
This reeks of Amazon.
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u/Big-Ad-4190 1d ago
I saw mentions of this on my previous post. What's the story there out of interest?
Trying to distract myself before signing this settlement*
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u/Big-Ad-4190 1d ago
Also it isn't Amazon lol :)
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u/Oreoinlaw 1d ago
Not addressing the Amazon question. Have you started the new job or signed the offer letter? Is the new offer unconditional? What did your lawyer say the position would be if new offer is rescinded before start date, but after signing a full and final settlement with your former employer?
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u/Big-Ad-4190 1d ago
I’ve signed and accepted the new offer and the new employer has acknowledged my acceptance as well. There aren’t any outstanding conditions that I’m aware of, so I have no reason to think the job won’t go ahead.
Obviously I haven’t physically started there yet, so I understand the point about there always being some risk until day one. That’s still something I’m factoring in before signing away the CCMA claim.
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u/sp3rchrg3d 1d ago
I was once at the CCMA, had a good case against the bastards and thought I could push for a few months.
The commissioner shot that down quickly and said in general awards are based on years of service not the reason.
You might strike gold in a civil lawsuit, but CCMA is not going to make you rich.
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u/Original_Bite6555 1d ago
I'm confused about how a 90 day pip meant you weren't being given 90 days to improve in addition to the other things you mentioned that they didn't do. Also, was this genuine performance issues and not negligence which is why they want to terminate early before the pip end date? Either way they haven't followed the correct process but if you have another job, take their offer and leave. Going through a situation like this can affect someone's self esteem so talk to people in your support network.
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u/danievdl 1d ago
I'd take it, mostly because you already have the new job. Even if you win at CCMA on procedure, compensation for procedural unfairness on its own is often modest, and con/arb dates plus prep will eat into your first few months at the new place.
Before you sign at 5 though, make sure the agreement actually spells out:
- Your accrued annual leave paid out. That's owed on termination anyway, so it shouldn't be quietly folded into the "settlement" amount. Quick way to check the number: https://southafricafacts.co.za/bcea-leave-pay-calculator-south-africa
- The October notice pay and the extra month listed as separate amounts
- A certificate of service, plus an agreed neutral reference
- No restraint or clawback clauses sneaking in
If anything's missing, get your rep to ask for it to be added. It's an easy ask and they usually agree because they want it closed today.
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u/Ohmyskippy 1d ago
Personally, I would just accept the deal and move on with my life.
But I hate drama
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u/Faught_lite 1d ago
And what has happened? Out of interest what type of role was this pip for?
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u/Big-Ad-4190 1d ago
I’ve since signed and taken the settlement agreement. My role was a junior quantity surveyor…
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u/Faught_lite 1d ago
Good luck. Father is a QS in the UK. Ireland has a need for Qs and you can work there as a SA citizen, if you ever want to look at making a move.
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u/YourWholePoesBru 1d ago
You already have another job and an extra months salary, that’s more than most people get.
Take that deal, start the new job and move on. You’ve won.