signing of voluntary severence while uninformed of being mentally ill?
I hope you are well and able to help and advise me on this labour dispute.
Please bear with me and i will make this as simple and direct as i possibly can.
Will also state the most relevant facts first.
1. i worked for bytes technology(permanent), but based at mondi(contractor).
2. I was being harrassed by mondi employees which was reported to bytes(religion based).
3. Bytes sent me to a psychologist and then told me to sign a voluntary severence.
4. I was not informed by the psychologist or by bytes that i had paranoia.
5. I signed this document without knowing i was ill.
6. I lose my job, income, car etc still unaware of the illness.
7. This happened in 2012, this year(2017) i recall that i was ill when signing this document.
8. I then approach the psychologist and tell her what i remember.
9. She NOW tells me that i had paranoia before making this decision. which i was unaware off and not informed.
10. I did go to the ccma, commissioner does not request this proof from bytes.
11. commissioner ignores my request for this report, neither does she request it from bytes.
12. bytes tells her that there is nothing much on the report and that further evaluation was required.
13. bytes does not want to inform me about what the psychologist told them.
14. the psychologist is now providing me with a report after i informed the health board.
15. bytes now says that there was no report. And denies being informed anything about my illness.
16. Bytes says that they do not have the manager in employment. However the hr lady, the psychologist
and directors who were all informed are still there.
17. I was ill before the ccma became aware of this while still in bytes employment.
18. The actual signing of the document was forced on me, not based on falsity.
19. I was even unaware of what i actually signed until the commissioners report stated what this was.
I have been to probono, legalaid etc. However the inlimine hearing is causing me to be turned down.
Hello. As you rightly point out you must be in your sound and sober senses before signing an agreement otherwise it is invalid. If the psychologist is providing you with that report take it and make a new application to the CCMA to set aside the voluntary severance and make a new determination. The difficulty is the relief you will now request. I presume you have already taken the package and used it.