If your boss makes life hard, can you appeal to the CCMA?
When Kopano* spoke up against the unfair treatment of his fellow employees, his boss started treating him badly too – to the point where he felt all he could do was resign.
He stopped talking to Kopano unless he absolutely had to, and when he did talk he was rude. When it came time for their annual increases, Kopano’s boss told him he would not be getting one.
He humiliated him at meetings in front of his colleagues and blamed Kopano for things that weren’t his fault. He even told him to resign because he was going to ensure that he had a disciplinary hearing where he would be fired anyway. Kopano’s boss also decided to stop paying him a salary and replaced it with a commission structure.
Kopano’s co-workers told him that his boss was telling everyone he was trying to find a way to get him fired. Kopano loved his job but couldn’t handle the stress anymore, and resigned. He feels what his boss did was unfair, and wants to know if there’s anything he can do.
Scorpion Legal Protection’s advice
This is a possible case of constructive dismissal, a situation created by the employer that makes work intolerable, to the point where the employee has no other option but to resign. Constructive dismissal can be hard to prove, as the responsibility to prove it lies with the employee. The employee must prove that: The employment circumstances were so intolerable that the employee could truly not continue to stay on The unbearable circumstances were the reason the employee resigned There was no reasonable alternative at the time but for the employee to resign to escape the circumstances The unbearable situation must have been caused by the employer The employer must have been in control of the unbearable circumstances
Kopano can refer an unfair dismissal case to the CCMA within 30 days of his resignation. Tips
Employees looking to lodge constructive dismissal cases should ensure they have followed their company’s internal grievance procedure first. Resigning in the heat of the moment without the proper procedure being followed will harm your case
It would be wise to chat to a legal professional first to establish whether or not you have a real chance of winning. It’s not constructive dismissal if you’re just unhappy at work
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* This is only basic advice and cannot be relied on solely. Names have been changed to protect identities.