Does Employer's drug use constitute constructive dismissal at the CCMA?

h@loErr0r

New Member
Joined
Mar 13, 2021
Messages
7
Hi guys


Can I claim constructive dismissal?

1) I resigned because the drug use he was providing and doing was severely affecting me and turned me into an addict just about
2) I have the psychologist to back me up as a witness regarding the extreme anxiety and drug dependence caused by him directly at work
3) I have 4 ex staff members who will witness that my boss told them about the drug use openly and they can testify as to the environment being dangerous
4) I have an outside witness who saw my bossmcut lines at a staff function with outside people present
5) Ex staff member sued him for 300k and he paid it, on the basis that every day he put his life at risk coming to work - this was 2 years ago
6) Screenshots etc

I am Not trying to extort money from him, all I want is my leave days that is due to me. But the more I think about all the illegal stuff he made me do & how a few leave days is small change to Him, I feel offended!!!!

Perhaps send him a demand letter stating if he does not pay I will take this further with above mentioned evidence.

I know he will not go to ccma for obvious reasons.

Should I go to the lawyer and ask for a payout? If so how much?

Thanks guys.

***edit for safety reasons, too much detail
 
Last edited:

h@loErr0r

New Member
Joined
Mar 13, 2021
Messages
7
Oh and I cannot find a Single thing on Google regarding the Employer being the one with the drug problem at the CCMA. Lol
 

RedViking

Nord of the South
Joined
Feb 23, 2012
Messages
43,235
1. Good for seeing a psychologist and starting the process of sorting out your life.
2. Forget about your drug money for now.
3. Get and see a REAL lawyer for further advise.
 
Last edited:

ab-user

Expert Member
Joined
Jun 15, 2010
Messages
1,876
You resigned. You moved on from mr. X and co, money, chemicals.
Now stay ‘moved on’. Don’t look back. Easy money is as intoxicating as drugs.

Speak to your husband (future ex?) for financial support. He took away your bank cards, sim, etc.

Keep records of request for support, if he does not provide support and things end in a divorce these records of requests will help in maintenance claims
 

Dianysis

Expert Member
Joined
Oct 30, 2014
Messages
2,017
I don't normally respond to threads like this, but I reckon you should just move on, let the psychologist help you and fix your family life.
Mr X needs to become an ex - forget about him and move on. Focus on your life and family.
 

R13...

Honorary Master
Joined
Aug 4, 2008
Messages
40,501
What do you handover at a drug manufacturing place? Did you take some stash home and need to hand it to the new girl?
 

Creag

The Boar's Rock
Joined
May 19, 2009
Messages
41,809
1. Cut your losses.
2. Move on. Keeping moving on and away.
3. Dwelling on the past is toxic, even if to try to get the money you think is due to you.
4. Your psychologist is providing sage advice. Follow it.

/thread
 

Crayons

Senior Member
Joined
Aug 8, 2019
Messages
967
Hi guys


Can I claim constructive dismissal?

1) I resigned because the drug use he was providing and doing was severely affecting me and turned me into an addict just about
2) I have the psychologist to back me up as a witness regarding the extreme anxiety and drug dependence caused by him directly at work
3) I have 4 ex staff members who will witness that my boss told them about the drug use openly and they can testify as to the environment being dangerous
4) I have an outside witness who saw my bossmcut lines at a staff function with outside people present
5) Ex staff member sued him for 300k and he paid it, on the basis that every day he put his life at risk coming to work - this was 2 years ago
6) Screenshots etc

I am Not trying to extort money from him, all I want is my leave days that is due to me. But the more I think about all the illegal stuff he made me do & how a few leave days is small change to Him, I feel offended!!!!

Perhaps send him a demand letter stating if he does not pay I will take this further with above mentioned evidence.

I know he will not go to ccma for obvious reasons.

Should I go to the lawyer and ask for a payout? If so how much?

Thanks guys.

***edit for safety reasons, too much detail


Your employer gave free drugs and you want to quit? What is wrong with you?
 

Rickster

EVGA Fanatic
Joined
Jul 31, 2012
Messages
19,287
Did he point a gun at you and force you to do coke?

Most likely not, therefore not his fault.
 

ArmatageShanks

Honorary Master
Joined
Nov 3, 2013
Messages
14,213
Hi guys


Can I claim constructive dismissal?

1) I resigned because the drug use he was providing and doing was severely affecting me and turned me into an addict just about
2) I have the psychologist to back me up as a witness regarding the extreme anxiety and drug dependence caused by him directly at work
3) I have 4 ex staff members who will witness that my boss told them about the drug use openly and they can testify as to the environment being dangerous
4) I have an outside witness who saw my bossmcut lines at a staff function with outside people present
5) Ex staff member sued him for 300k and he paid it, on the basis that every day he put his life at risk coming to work - this was 2 years ago
6) Screenshots etc

I am Not trying to extort money from him, all I want is my leave days that is due to me. But the more I think about all the illegal stuff he made me do & how a few leave days is small change to Him, I feel offended!!!!

Perhaps send him a demand letter stating if he does not pay I will take this further with above mentioned evidence.

I know he will not go to ccma for obvious reasons.

Should I go to the lawyer and ask for a payout? If so how much?

Thanks guys.

***edit for safety reasons, too much detail
Before thinking of any of that, do you want to tell anyone, even the ccma, of the things you took part in? You'll be lucky if it stays confined to the case.
 
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