Tweet
Okay I have 4 friends all working at the same business,now there new boss who bought the business it seems is trying to work them out in any way possible.If they even just look at management the wrong way or management thinks they have a bad attitude then there in his office and getting there heads ripped off,he would make false accusations against them add it to there file without them knowing it and one day just say look at all the complaints or he get someone intimidate them to the point to where there a false witness against them for things they never did.So what can these guys do because they are dependent on there salary's but can't take working there anymore.So what would you say they should,I mean I really want to help these guys out.And it's been heard said that the boss was walking to his office with a box of tissue and he was asked by the previous owners wife what's that for and he actually said he likes to make the woman cry when he call's them to his office and there has been case where woman actually came out crying and he say's things like your pathetic,how can you be a mother,do I have to f#@k you up to work as a team....etc.I really want to help these guys do something about this man,I mean no one has the right to treat people like this.So please guys any help will be much appreciated.
-
-
They must record all the conversations with and he must put his problems with them in writing. -
That's the thing,if they even try to record a conversation he will go mad and he does put it in writing but they don't know about it until one day he pull's out there files and it was even over heard him saying to the manager who was typing out an notice for one of them to appear for an hearing that she should just make up stuff to make the case stronger to win.Comment
-
Well then they should write down everything says and does so that they are ready to take him for constructive dismissal if he tries to get clever. Employment is a 2 way street, he can't do as he pleases.Comment
-
How many employees are there in the company in total?Participation is voluntary.
Alcocks Electrical Services | Alcocks Pest Control & Entomological Services | Alcocks Hygiene ServicesComment
-
Call the Department Of Labour (Mannekrag) and ask for an investigation. Also tell them to get Union representation and legal representation. Tell the boss they have the legal right to record all conversations as by law there must be a record.
Have them do lie detector tests then they can demand that the false witness be tested. If the false witness refuses the test then there credibility will go the way of the dodo.peace is a state of mind
Disclaimer: everything written by me can be considered as fictional.Comment
-
Really good advise thank you,I will talk to them.But these guys cant take working there anymore it's to the point where they would rather quite and have no job for a while till they can find new once that's how bad it is and I really do feel for these guy's.Thanks for all the solid advise.Comment
-
I was in the same situation once, bad boss really angry man. One morning I walked into his office locked the door and we "talked". Just remember however if they walk the CCMA can't do anything. If they get fired that changes. If I was them "And I am not" I would just ignore him and record him. If he screams about the recording then 4 people can tell him look we are tired of your crap if you can't say it on record then it is not legit.
If someone is trying to fire you. Then what do you have to lose? Take a stand.peace is a state of mind
Disclaimer: everything written by me can be considered as fictional.Comment
-
That's certainly a large enough organisation to expect formal disciplinary procedures to be in place.
If they are considering claiming constructive dismissal, it might be an idea to refer them to Anthony's rather excellent post on the subject first.Participation is voluntary.
Alcocks Electrical Services | Alcocks Pest Control & Entomological Services | Alcocks Hygiene ServicesComment
-
But do you think they should go the way of constrictive dismissal? And one of them needs to appear for a hearing on the 13th and one of them will be going to the CCMA on Tuesday to get some advise,but they want to know if they can make one big case or does it have to be one by one? Because they are so tired they don't care if they lose there job any more,one of them already found a new job already and he has one of the strongest cases and I think the one with the "weakest" cases say's the boss told hem does he have to moer them to get them working as a team and him and said if he can't do his work then he will have no problem getting someone who can and that was multiple times and there's falls accusations of him sleeping on the job from a false witness and who know's what else he has against him he doesn't even know about because the one that needs to appear for the hearing is hearing about things that she never knew about.So what do you think? There's more as well.Comment
-
I'm loath to comment, or predict, when it comes to constructive dismissal, for obvious reasons. Remembering that CD is only a claim when a person has resigned.
The most obvious being the ability to prove. It does help if there are a couple of employees as that creates some collaborating evidence, though the obvious defence is to say they are plotting, they did not like my new rules, etc, etc.
The guy who has a new job, probably may as well give it a whirl, as he has no risk.
The shifts - are not only unlawful, but are probably a unilateral change to terms and conditions. It does also help provide some proof of intolerable conditions.
Given the need to address the issue, to strengthen a case, my standard advice is
Set out the complaint, in writing, email being good, with regards to the issues.
The employer may correct the problem, which is great. If not, a critical element of the CD case has been met.
If the employer retaliated by dismissing, the employee is where he would be if he resigned, and with probably a stronger case.
If the employer merely steps up the victimisation, then again, the case is slightly stronger.
It is imperative, as suggested earlier, to keep a diary, (locked away), and record all instances immediately, while fresh. Then 're read later to rationalise the emotion out.
're the hearing - one can't pre empty that.Anthony Sterne
www.acumenholdings.co.za
DISCLAIMER The above is merely a comment in discussion form and an open public arena. It does not constitute a legal opinion or professional advice in any manner or form.Comment
Comment