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Question
Posted by: Unlucky | 2010/05/05

Constructive dismissal / unfair discrimination

I resigned on the 3rd March from a loan company I started my new job on the 1st April, I resigned &  looked for a new job because my manager kept discriminating against me &  my collegues we took up grieviances against him via HR and to date nothing had been resolved, he even told me to update my cv &  leave.Upon resignation I was told I would recieve my salary for 3 days &  my leave pay, to my dismay I only recieved my 3 days salary for the month of March!!I was told that the leave pay had been put towards a staff loan that I have, I have no proof that this money has indeed been taken for the staff loan &  when I did request proof I was told it will only be available at the end of April even though the money had been deducted once I resigned. I had also signed an agreement upon resignation stating the amount, the date as well as the number of instalments left for the staff loan not taking into account the leave money will also be deducted as at the time I was unaware. For the month of March my family &  I did not have the normal basic needs to survive as I am the sole supporter of my family I queried &  pleaded with the company to return my leave pay they sternly declined I eventually had no choice but to report them to the ccma. My manager victimised me because I am a woman &  he felt he was superior to me. There was no verbal communication with him he would always send things in a nasty email. He would even gossip with other managers in the area &  give off personal information about me &  my collegues. I need to find out do I have a case or am I just making things worse?

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Our expert says:
Expert ImageLabour lawyer

RE: CONSTRUCTIVE DISMISSAL / UNFAIR DISCRIMINATION

This is not a case of Constructive Dismissal and indeed you are too late to refer the matter to the CCMA for such a constructive dismissal. This would have had to have been done within 30 days of the date of your resignation. You can apply for condonation but I don't believe it would be granted in these circumstances.

You are however, entitled to your notice pay and all your outstanding leave pay. They cannot take it towards a staff loan. You must go to the department of labour to speak to an inspector to collect the outstanding money.

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Our users say:
Posted by: labour lawyer | 2010/05/07

RE: CONSTRUCTIVE DISMISSAL / UNFAIR DISCRIMINATION

This is not a case of Constructive Dismissal and indeed you are too late to refer the matter to the CCMA for such a constructive dismissal. This would have had to have been done within 30 days of the date of your resignation. You can apply for condonation but I don't believe it would be granted in these circumstances.

You are however, entitled to your notice pay and all your outstanding leave pay. They cannot take it towards a staff loan. You must go to the department of labour to speak to an inspector to collect the outstanding money.

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