[L104] CONSTRUCTIVE DISMISSAL and How to Prove your case at the CCMA
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- čas přidán 17. 09. 2020
- If you are being bullied or victimised at work, what can you do?
What does Constructive Dismissal mean? How do you prove a Constructive Dismissal Case at the CCMA? In this video we discuss just that.
We are a firm of CCMA and Labour Lawyers and we are making these videos to help YOU - the South African Public - know your Labour Law rights.
=== ATTORNEY INQUIRIES ===
CONTACT: Aslam Moolla
EMAIL: Law@legal-leaders.co.za
WEBSITE: www.legal-leaders.co.za/servi...
=== ABOUT ASLAM MOOLLA ===
💼 Aslam Moolla is a licensed Attorney with a Masters in Law who specializes in Divorce and Labour Law. In 2014, he was awarded the Lexis Nexis Prize by the University of KwaZulu-Natal. Our law office is based in Umhlanga, Durban. We developed this series of videos to show you how to handle yourself in court and achieve the best outcome for your case.
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I had a telephone consultation with Aslam and he is so brilliant. I had a arb case and I won it, all by watching his videos free of charge. Thank you Aslam.
Hello Nomonde
Its our pleasure! Thank you for the positive feedback as well - much appreciated.
Aslam
I wish there is some laywers like you in toronto, Canada because you are so wonderful lawyer.
@@alclsehsemf thank you 🙏🏼
Esh I never told them that I am going to file with CCMA however I have a follow-up to prove that was the reason I am resigning. My case is next week all the best to everyone.
All the best Zimbini!
you have open my eyes, thank you Sir.
Thank you for the positive feedback. Much appreciated.
We wish you all the best!
This happened to me. Haven't been able to work 10 years now due to how they messed me up. CCMA said as I'm a teacher I must go to education Dept. They just said forgive and forget. After 16 years forced out so could placed unqualified friend. What a waste of my life still struggle each morning with dread of hopelessness.
Hello, Sharon. I am so sorry to hear about your circumstances.
In order for me to properly assist you, I require more material facts regarding your issue. Please do not hesitate to send me an email via our website at Legal Leaders - Moolla Attorneys Inc.
I look forward to hearing from you!
Hi sir. Please guide me through a masters research topic around constructive dismissal...please
Hi can you maybe give me some advise,ive been working for a company for 17 years they have now decided to register with the metal workers union and give us a pension plan..now my question is do they have to give something like a back pay for the years we didn't have pension or not?
Hello Sir please help me i have a question.am a foreigner i worked 4 years n got fired because i was refusing to be treated unfair.then they want to pay me the money for the leave days but am not happy with the amount it's my salary was R5900 n now they want to pay me R4,000..my major question is why they're are only paying me for 1 year but i worked for 4 years? What must i do with this issue? Thanky you for yo respond
thank you for this breakdown, it is really educative
Glad you think so!
The other issue is: Companies are being "smart" about it. Human resources are actually there to protect the company against the complaining employee and will figure out "legal" ways to screw you over. The squeaky wheel will never ever get an opportunity to improve and would simply never be considered for a promotion. It's very hard to "gather" evidence after complaining as they will figure out methods to sidestep you from getting "evidence". Eventually - the best way is to start applying for another job & get the heck out of there.
your videos are so helpful
Hello William
Thank you for the positive feedback!
Regards,
Hi aslam im need legal advice on how to open a case of underpayment at ccma and odd working hours
Thank you
You most welcome Asanda. You can prove constructive dismissal at the CCMA when you have the right evidence
Hi Aslam
I have been given an option of Retrenchment or hearing due to being absent at work with proves sick notes and communication please assist .
Sure we can assist you- kindly contact our firm and we will provide further insight, our contact details are above
Good day Aslam I was forced to resign from the owner of the company I have recorded the ceo when he forced me to rite the letter and not put in the date
Hi Aslam can you attend a disciplinary hearing by responding to the charge sheet in writing in detail to be read out loud by the chairman? I ask in the event that you are too anxious or emotional. Thank you
Hello Jo-Anne,
Its best that you attend the hearing in person or atleast via video-conferencing. Because if you do not attend - you will get a default award against you.
All the best
Aslam
Hi Aslam, my husband is working for a company, been with them for 6 months, he is a manager but all managerial responsibility has been removed, I am 8 months pregnant and he would need a few hours or a day to drive me to our appointment. On his allocated off day, he was not able to answer his phone and based on that his off day per week has been removed altogether and was told that they are not allowed any leave until they've worked for a year. The shop is closed on a Sunday, he works 8-5:30 mon to Friday and until 2:30 on a Saturday. Based on labour law is he not entitled to a day off, he is absolutely unhappy as all staff get their time off but he is not able to. He has sent an email requesting the paternity time off when the time comes which is a month prior to our due date but still no response and it has been 2 weeks now. What can he do?
Should you serve a notice though? Or you can resign with immediate effect if you resigning because of constructive dismissal?
Hello Taylor
Good question!
It is highly preferable to first inform the employer and give them an opportunity to solve the issue before resigning.
The reason why we state this is because: if you give them an opportunity to fix the situation and they refuse to do so, then that really makes your case even stronger at the CCMA.
However there is case law which states that in certain circumstances an employee does not have to file a grievance first and can simply go straight to constructive dismissal.
It all depends on the circumstances of a particular case. Constructive dismissal is by its nature like that. Each case will depend on its circumstances.
If you would like assistance on your case, you welcome to book an appointment with us. We can be reached via email - law@legal-leaders.co.za or through our website as well: www.legal-leaders.co.za
All the best,
Aslam
Hi, amazing video. I have been bullied at work by older adults when I was about 20 years old. Tell me are you allowed to create video evidence in a work environment? I.e am I allowed to record my supervisor humiliating me in front of everybody without him or her knowing? Am I allowed to record the staff ‘ganging up’ on me?
Hello Liezl
We are sorry to read this. Unfortunately bullying in the workplace has become very common in South Africa. You can approach the CCMA for this.
You can also record evidence if you have to - to prove your case.
If you need our help, you can also book an appointment: law@legal-leaders.co.za
All the best!
Aslam
Slmz Aslam. Please can you help review my case just to determine likelihood of success. I have sent the LRA 7.11 form in. And have sent the facts of dispute, field 4 of the form already unfortunately. But would just like your opinion, really desperate. Also wanted to know what would be my liability if I lose this case? Your videos which I just stumbled on now are invaluable by the way, some are treating us as slaves here in this country so its so important to know these rights and procedures.
Been promised my wages that I lost because of the time I was dismissed at work If I withdrew the ccma case ,but already before I've even withdrawn it he doesn't want to pay me now.should I continue with my case or cancel?but 1thing I know is he is not going to make my life easy because in the first place he wanted me out if it wasn't for me reporting to the ccma. Advice please
Hello Keith
Unfortunately this does happen
What is the latest?
Why not contact us to discuss some options
Hi Aslam, i received an intelocutory application from the employer disputing that my case is in fact one for constructive dismissal, the case is already scheduled for Arbitration and I receive this a week before my hearing.. Do I respond to this?
Hello Belinda
You must challenge it immediately
Please contact us on 031 942 8863 or email law@legal-leaders.co.za
Speak soon,
Aslam Moolla
Labour Law Attorney
Must you prove all 5 or just one of the 5.
Hello Taylor.
If you want a really strong case, it is better to have all 5. But it depends on your specific situation.
For example, a person who is being physically harassed at the work, does not have to go through all the steps. Generally the more serious the harassment, the more justified you will be in resigning.
If you would like to talk to a Labour Lawyer about your case - please contact us on law@legal-leaders.co.za or book an appointment by visiting our website: www.legal-leaders.co.za.
Speak to you soon,
Aslam
Attorney
How can I contact you.
Hi Serene,
You can contact us on WhatsApp :0682980918.
1 Harassment
2 Bullying /Victimize
3 unfair treatment
Proof: employee
1 working conditions in torretable - harassment
2 Bullied
3 Humiliated and
4 working condition you need to work under
Employee:
1 working conditions I rolleert able
2 what caused the resignation
3 work
5 employer can stop it
You must alert the employer
I am not happy how you treat me
Sort out the
Letter to Elna;
Victimized follow up File a constructive dismissal claim at the CCMA
Letter that I am forced to resign 7,11 form to CCM
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