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Ask Barend B. Your Own Question
Barend B.
Barend B., Legal Consultant
Category: South Africa Law
Satisfied Customers: 1346
Experience:  BLC LLB (Pret) LLM (Augsburg)
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I am at home recovering from a illness. I had a caregiver

Customer Question

I am at home recovering from a long illness. I had a caregiver who was not skilled enough for my needs so I used her less. No contract was sighted as I only needed help whilst recovering. This person is now taking me to the CCMA claiming wrongful dismissal. She was paid at the end of each shift which was Thursday evening to Monday morning.
Dylis Burger
Submitted: 11 months ago.
Category: South Africa Law
Expert:  WCLawyer replied 11 months ago.

Good Morning

Did you follow any kind of procedure prior to dismissing her? Did you appoint another caregiver?

Customer: replied 11 months ago.
This caregiver was sent by Discovery Medical Aid for 2 shifts through an agency Isisa. After 2 shifts the caregiver offered to stay on at a rate that Isisa would pay her. I agreed.
The caregiver's lack of nursing skills then became obvious and I gave many verbal warnings. During her tenure I was hospitalised twice and let her stay on with full pay.
Yes the caregiver has been replaced by Discovery Medical Aid.
L
Expert:  WCLawyer replied 11 months ago.

How does it work? Did you inform Discovery that you wanted a new caregiver and they then removed the old one and replaced her? Also, can you confirm that you do not pay them. They are paid by Isisa?