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Question
Posted by: Adele | 2018/04/18

Verbal abuse from employer

I have been employed at the same job for over 15 years. I used to have a good working relationship with my boss. However, it seems that since I got married he has become nasty and tells me I am stupid, I don't know what I am doing, I should rather find another job, there plenty PA's out there etc. etc. I would just to know what my rights are. a) If a hand in my resignation, I lose out. b) Can I ask to be retrenched? I am biding my time, even though I am unhappy, as I would rather let them fire or retrench me, am I wrong in thinking like this? 

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Our expert says:
Expert ImageLabour lawyer
- 2018/04/19

re: Verbal Abuse from Employer


If there has been verbal abuse and it's not tolerable you need to raise an internal grievance procedure and work through the various channels of the grievance procedure.  Alternatively the matter can be referred to the CCMA.

If you had in your resignation you do lose out as you can't claim UIF and you can't normally claim that you've been unfairly dismissed.  There could be a constructive dismissal but you must show that you've been through all the internal channels to try and stop the abuse.

If you ask to be retrenched they will probably refuse that because it's going to cost them a lot of money and probably won't get you anywhere. 

If you can at all put up with it and answer back it might lead to a disciplinary hearing and dismissal which you can challenge in the end.

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