Resign and employer being difficult

[geraldenek]

I would really appreciate advice with regards to this situation.

A relative has been working now for 4 years for the same employer. They have a contract in place and according to the contract she needs to give 2 calendar months notice.

She is really unhappy with her work for the following reasons:

· She is working more days agreed upon (she has to work every second Saturday) but now she might get of 2 Saturdays in two months. She has to stay late by his request and for all this she does not get paid overtime/entitled to leave overtime.

· He will call her on a Saturday / Sunday and then she has to do ridiculous things like fetch his wife from the mall/ buy beer and the list goes on…..

· There is no growth potential as it is only 2 people working for him and the highest paid salary is for the other person who earns R15000 after working there for 7 years and he is the manger.

So she then decided to resign yesterday prior to the boss going home(without having another job) as she has tried in the past but no ones want to wait for 2 calendar months to pass.

He was quite taken aback at her resignation and left. This morning he got in there told her how dumb she is in general, no one will employ her, she won’t find a job and he can tell her to leave tomorrow(without any pay) and then he can find someone else.

The problem is going for interviews as he said to her she can’t do it in work hours – but she won’t be able to play sick (as he phones her if she is not there she has literally taken 3 days sick leave in the 4 years). For general leave – he won’t grant that at all.

I know he is doing everything against the law but I would really like advice on how to deal with someone like that besides legal help (she would not even look at that option). How should she go about doing things for the next two months if he is making her life hell?

[Dave A]

Sounds like if she wants to avoid confrontation, she needs to decide which is the better option, suck it up for two months or walk right now.

[AndyD]

You're obviously concerned for her so maybe act on her behalf if she can't deal with the confrontation. She should catalog specific events from the last 12 months which transgress the labour laws. Times, dates and the more details the better. Any proof of abuse such as SMS's or voice mails etc will also help establish a pattern. Send him an e-mail stating your (her) position and requirements (time off for interviews, an honest reference, payment for hours worked etc.) Divert her cell number to yours and when the shit hits the fan tell him you're recording the conversation and expect legal action if he doesn't play ball.

I would normally advocate a more hands on approach if he's an abuser or a bully but I'm shallow and enjoy leveling playing fields the old fashioned way.

[Dave A]

Obviously my first response is based on the parameters you set out, Geraldene. But given that we all probably recognise she could go quite far taking it up at the CCMA - perhaps the really difficult decision is yours.

Should you encourage her to make a case and stand up to the abuse?
As an issue, that's less about the boss and more about what would be best for her - not in the short term, but in the long run.

Quiet doormats are often incredibly tough once you get them out of their wrapper. It shouldn't be a surprise - to be a doormat takes a certain amount of toughness anyway. The missing ingredient is normally self-esteem/self-belief.