Posted by: Zan | 2010-04-28

Constructive dismissal

Good day

Could you please advise me on this matter.

My job requires me to have a licence and i was brought into an incapacity hearing and its sanction was i be given until 20th April to get the licence if not then i get fired. I was put on special leave from 1 - 20 april to acquire the lience and i got it by 8th april. But in the interm my relationship with my manager had become strainous, she gave me 2 warnings unfairly. So before i went on special leave, me and management had a written aggreement that said:
1. Licence - must have it by 20th april - to which i got
2. Warnings - will be investigated on my special leave return
3. Mediation - will be intertained on my return

I returned on the 20th april only to be put on paid leave and told that me and my manager cannot work together, she is not willing to partake in mediation therefore myself and management must look for vacant posts within the company. we will have an update meeting weekly for the next 2 weeks. I am in my first week of paid leave, have been looking for posts and our update meeting is this friday. I asked what will happened when the 2 weeks lapses, and they said we will cross that bridge when we get to it.

My question is: can a company do this? Is there a union in the insurance sector i can approach? What are my options because i feel i am being mistreated.

Your help will be greatly appreciated.

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Our expert says:
Expert ImageLabour lawyer


I don't believe this would be a constructive dismissal case. You need to go to the CCMA to tell them that you've been put on special leave and no one's reverted to you.

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Our users say:
Posted by: Purple | 2010-04-30

If the job you are in required a drivers licence, why did they hire you in it if you don''t have one? Or did they at that time also give you a set time to get it?

Reply to Purple
Posted by: I know | 2010-04-28

Hi Zan, I''ve been where you are now. My CCMA case for Con. Dis was in Feb this year. I did day''s of research before my case and did join a union. Before you can file a case of Con. Dis. you MUST file a written grievance, and let this internal process run its course. See if the company then sort out the problems to you satisfactory. If not you will have proof you followed the companies grievance process but nothing was done. Proof is vital, everything on email not over the phone because then its he said, she said and " hear say evidance" 
In my situation I was also told to take sick leave and my boss(bitch) even phone my doctor and asked for a sertificate.

Reply to I know

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