Page 1 of 3 123 LastLast
Results 1 to 10 of 26

Thread: is this discrimination or unfairness

  1. #1
    New Member
    Join Date
    Jun 2017
    Location
    Hangoes
    Posts
    6
    Thanks
    0
    Thanked 0 Times in 0 Posts

    is this discrimination or unfairness

    I have been employed in this company for 4 months now as a temp doin admin and cashier nd sales, d lady hu had been doin this was on probartion for 3 months on a sales position. Then Sales position was advertised andwe both applied. I got the rejection letter for sales position nd she got the job. My current position was never advertised and when i asked if it was still available i was told that a suitable candidate had been found which was very odd for me because because they were never any interviews for the position yet its been taken. What has also come to my attention is that the position has been taken by my very own HR Managers daughter and i was left without a job just like that. Please advice is this fair in any way or was i descriminated against. Please advise

  2. #2
    Suspended
    Join Date
    Mar 2013
    Location
    Had enough
    Posts
    3,360
    Thanks
    114
    Thanked 214 Times in 202 Posts
    Neither

  3. #3
    Diamond Member AndyD's Avatar
    Join Date
    Jan 2010
    Location
    Cape Town
    Posts
    4,582
    Thanks
    534
    Thanked 873 Times in 705 Posts
    I'd suggest you approach the CCMA. http://www.ccma.org.za/Contact
    _______________________________________________
    I am special and so is Vanash.
    _______________________________________________

  4. #4
    New Member
    Join Date
    Jun 2017
    Location
    Hangoes
    Posts
    6
    Thanks
    0
    Thanked 0 Times in 0 Posts
    On what grounds AndyD? I mean first i need to know if i have a case or not before i waste my time nd enenrgy

  5. #5
    Site Caretaker Dave A's Avatar
    Join Date
    May 2006
    Location
    Durban, South Africa
    Posts
    21,309
    Thanks
    3,090
    Thanked 2,488 Times in 2,092 Posts
    Blog Entries
    12
    Quote Originally Posted by Thobile Mkhize View Post
    I have been employed in this company for 4 months now as a temp doin admin and cashier nd sales
    To be clear, are we talking about part time employment on an irregular basis, or regular employment on a fixed term contract?
    The trouble with opportunity is it normally comes dressed up as work.

    Alcocks Electrical Services | Alcocks Pest Control & Entomological Services

  6. #6
    Suspended
    Join Date
    Mar 2013
    Location
    Had enough
    Posts
    3,360
    Thanks
    114
    Thanked 214 Times in 202 Posts
    In my opinion you have no grounds.

  7. #7
    New Member
    Join Date
    Jun 2017
    Location
    Hangoes
    Posts
    6
    Thanks
    0
    Thanked 0 Times in 0 Posts
    Thanx guys i guess i was just heartbroken because in the end i was jot considered for this position. I will let it go and who knows maybe when something else comes I will be the first option since i have experience. I just wanted to find out what choices do i have before i burn my bridges. many thanx to all for the advice.

  8. #8
    Site Caretaker Dave A's Avatar
    Join Date
    May 2006
    Location
    Durban, South Africa
    Posts
    21,309
    Thanks
    3,090
    Thanked 2,488 Times in 2,092 Posts
    Blog Entries
    12
    Be careful of opinions presented without a basis. As there was temporary employment in excess of 3 months, it is possible that section 198B of the Labour Relations Act might apply.
    Last edited by Dave A; 27-Jun-17 at 02:45 PM.
    The trouble with opportunity is it normally comes dressed up as work.

    Alcocks Electrical Services | Alcocks Pest Control & Entomological Services

  9. #9
    Suspended
    Join Date
    Mar 2013
    Location
    Had enough
    Posts
    3,360
    Thanks
    114
    Thanked 214 Times in 202 Posts
    Quote Originally Posted by Dave A View Post
    Be careful of opinions presented without a basis. As there was temporary employment in excess of 3 months, it is possible that section 198A of the Labour Relations Act might apply.

    Im battling to understand what you have said and mean. We have about 11 temps that work at companies on an ongoing basis as temps. Their positions are often filled with someone else for various reasons. (All according to the law and temp contracts etc ...) Therefore what do you mean "without basis" ?

  10. #10
    Site Caretaker Dave A's Avatar
    Join Date
    May 2006
    Location
    Durban, South Africa
    Posts
    21,309
    Thanks
    3,090
    Thanked 2,488 Times in 2,092 Posts
    Blog Entries
    12
    Quote Originally Posted by HR Solutions View Post
    what do you mean "without basis" ?
    You have not in any way qualified your statement. As I indicate, section 198AB of the Labour Relations Act may be of consequence - your statement does not allow for the possibility.

    For clarity, you can read section 198B of the Labour Relations Act here.
    The trouble with opportunity is it normally comes dressed up as work.

    Alcocks Electrical Services | Alcocks Pest Control & Entomological Services

Page 1 of 3 123 LastLast

Similar Threads

  1. Disciplinary Hearing Unfairness
    By Laura7 in forum Labour Relations and Legislation Forum
    Replies: 29
    Last Post: 23-Mar-16, 10:13 AM
  2. Discrimination in lease agreement?
    By tec0 in forum General Chat Forum
    Replies: 19
    Last Post: 08-Mar-10, 06:56 PM

Did you like this article? Share it with your favourite social network.

Did you like this article? Share it with your favourite social network.

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •