advertisement
Question
Posted by: Victimised | 2010/05/24

Do I have a case?

I am at my co. for 2 yrs now. Last yr we moved city with the co. We were promised an increase on arrival. In Dec, my Financial manager refused to up my salary as agreed and I didnt get my annual increase with the rest of the employees. He also short paid me my 13th chq saying that I didnt perform well, so I do not qualify for one. I had no prior notice of this before moving city.
He said that I must prove myself within 3 months and then he will give me the increase. In the interim he was verbally abusive to me, gave me extra work, in the hope the I wouldnt cope, got the rest of the staff against me by discussing things I told him in confidentially, insults and demotivates me. After the 3 moths was up, he told me that he was still not satisfied. He treatened to demotivate me on numerous occasions. He gave me a task to do, and said only if that is completed correctly and on time he will consider. I have not done this before. I believe that even when I do complete it, he will deny me my increase. I was the only employee in the company who has ever received a written warning, and despite proved that I was not at fault ,he refused to retract it. I was supposed to be a senior person in the company, but is earning less than the receptionist and everyone else in the co. I was told to do reception duty, because others refused. He said that if I refused, I must leave.
We recently moved to new offices. I work with confidential employee docs. I was placed in an open-plan office with accounts staff. I voiced my concern as it was not appropriate and info could leak. He said that I didnt deserve one and gave offices to staff who didnt need it and if anything leaked I will be fired. There is still many vacant offices, and said to me that if I had a problem I must write him a letter and it should read "  Dear S, before you throw this letter in the bin...." 
I took over this position and is earning 10k less than the previous person despite having the same experience and qualifications.
I cannot take this matter further as he is the highest I can go. He looks for reasons to pick on me everyday, petty things too. Gives me a deadline and then changes it at last minutes, so I wont be able to meet with it, and then he has a reason to cal me incompetent.
Please help!

Not what you were looking for? Try searching again, or ask your own question
Our expert says:
Expert ImageLabour lawyer

re: Do I have a case

Your contract of employment will tell you whether in fact you are entitled to annual increases and whether you are entitled to a 13th cheque. If you are then you can go ahead and refer the matter to the CCMA.

The verbal abuse is not acceptable and it is suggested that you raise an internal written grievance and if this is not acceptable after a certain period of time then you would refer it once again to the CCMA.

Check whether your Company is part of a Bargaining Council and if so it must be referred to that particular Bargaining council.

It does appear that there are very serious issues and that you could possibly resign claiming a constructive dismissal. These are difficult to prove and it is to be carefully considered before you do same.

The information provided does not constitute a diagnosis of your condition. You should consult a medical practitioner or other appropriate health care professional for a physical exmanication, diagnosis and formal advice. Health24 and the expert accept no responsibility or liability for any damage or personal harm you may suffer resulting from making use of this content.

2
Our users say:
Posted by: Victimized | 2010/06/01

Thank you for your response.

I do have a contract which states that I will get an increase on arrival. This of which he denied me last year. The company offers further benefits such as a 13th chq and annual increase across the board. He short paid my 13th chq and refused me an annual increase.
There are no grievance procedures set out in this company. All written grievances will have to go through him and he has proved his attitude by ignoring previous complaints stating if you dont like it, get out.
The company is not a member of any bargaining councils.

I have met with my deadline, and proven to him that I am capable. He offered me an 8% increase only and stated that I do not deserve more than that. He back dated this to January and refused to consider an annual increase. On Friday, he got the accountant to redo my work, who later claimed that I did this incorrectly. This morning I was called in and he called me incompetent stating that I should find another job. I told him that I did what was told, and if he doubted this he should of had it checked prior to submissions. It seemed to me that this was planned so he has something to go on to state that I cannot do my work. My argument was that he had no problem with it before submission, but why get someone to check.
He used vulgar words on me again and I told him not to, this upsetted me.
Do you have any tips on accumulating proof of which I can use against him should I take this matter further?

Reply to Victimized
Posted by: Labour lawyer | 2010/05/31

re: Do I have a case

Your contract of employment will tell you whether in fact you are entitled to annual increases and whether you are entitled to a 13th cheque. If you are then you can go ahead and refer the matter to the CCMA.

The verbal abuse is not acceptable and it is suggested that you raise an internal written grievance and if this is not acceptable after a certain period of time then you would refer it once again to the CCMA.

Check whether your Company is part of a Bargaining Council and if so it must be referred to that particular Bargaining council.

It does appear that there are very serious issues and that you could possibly resign claiming a constructive dismissal. These are difficult to prove and it is to be carefully considered before you do same.

Reply to Labour lawyer

Have your say

Thanks for commenting! Your comment will appear on the site shortly.
Thanks for commenting! Your comment will appear on the site shortly.
advertisement