Soccer Laduma

If your boss makes life hard, can you appeal to the CCMA?

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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

If you have a query, follow us on our Facebook page and ask your question during our next Live Q&A (every first Thursday of the month).

* This is only basic advice and cannot be relied on solely. Names have been changed to protect identities.

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