Unfair Treatment At Work

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F1 Fan

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Have a family member that works for a company in JHB. Basically it seems her manager is crazy. For example, staff are not allowed to leave until the manager leaves, so the workers will sit at their desks from after 4 till about 6pm watching series until the manager says they can go.

There's been other incidents too.

1.She was shouted at in front of clients for no apparent reason. She went to HR to complain about this and HR subsequently told her manager and the boss that a complaint had been lodged. Since then, things got a lot worse.

2. The manager asked her to drop off reports at the boss office, the boss then shouts at her for 20mins for bringing the wrong reports (she was just delivering the package). The next day she is called in for internal review and shouted at by both the boss and the manager.

She has never had any complaints from previous companies before, and all her co workers agree with her but are scared to lose their jobs.

What can she do? She is literally reduced to tears everyday via verbal abuse and HR is useless in this small company.
 
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Carry on with work as normal with as thick a skin as possible. Keep a record of every such incident and remember to jot down who witnessed each incident and who was in the room. Request arbitration via HR and lay the grievances on the table and request HR appoint a suitable intermediary for the issue.

Sounds to me like this is not the kind of company she wants to work for. The above will lay the groundwork for a successful constructive dismissal case if one arises, which by the sounds of things is inevitable...
 
DJ... said:
Carry on with work as normal with as thick a skin as possible. Keep a record of every such incident and remember to jot down who witnessed each incident and who was in the room. Request arbitration via HR and lay the grievances on the table and request HR appoint a suitable intermediary for the issue.

Sounds to me like this is not the kind of company she wants to work for. The above will lay the groundwork for a successful constructive dismissal case if one arises, which by the sounds of things is inevitable...
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Absolutely ...

And should she fired, with the evidence, there is a case for constructive dismissal
 
Thanks Dj.

She is looking for another job, but does not want to quit without having something else in place.

Can HR reject a request for arbitration? or appointing a suitable intermediary? What happens if witnesses don't want to talk?

Are you allowed to voice record incidents on your phone?
 
You may use a sound recorder on your phone without permission if you are a party to the conversation you are recording.
 
This is a classical case with many positive outcomes for the victim.

But let's just spare a thought for the bastard in this case.

He/she (the boss) might be under inhumane pressure him-/herself which has lead him/her to develop this bad habit of shouting ...
 
Post his email here.
I'll send him a lengthy letter explaining civility and proper non-********* conduct.
 
Leonidas said:
This is a classical case with many positive outcomes for the victim.

But let's just spare a thought for the bastard in this case.

He/she (the boss) might be under inhumane pressure him-/herself which has lead him/her to develop this bad habit of shouting ...
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There's no excuse for a boss to act like that. No excuse.
 
Thanks all. What happens in this case if she basically forced out? Is she entitled to some payout to leave? It's a hostile environment.

Today her manager made the comment that she's not sure that's she's actually meeting clients offsite. Friend retaliated and told her that she should check with co-workers that were offsite with her as a reference. Guess what, another meeting with the boss due to this even though other employees and the client can vouch for her being offsite.
 
F1 Fan said:
Thanks all. What happens in this case if she basically forced out? Is she entitled to some payout to leave? It's a hostile environment.

Today her manager made the comment that she's not sure that's she's actually meeting clients offsite. Friend retaliated and told her that she should check with co-workers that were offsite with her as a reference. Guess what, another meeting with the boss due to this even though other employees and the client can vouch for her being offsite.
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Record everything. I don't think there is a law against an employee recording an abusive boss? Remain civil. Research the employment act and go to the CCMA website to see what you need for an air-tight case. Look for another job while doing so - there is no way things will change in this toxic environment.
 
F1 Fan said:
Thanks all. What happens in this case if she basically forced out? Is she entitled to some payout to leave? It's a hostile environment.

Today her manager made the comment that she's not sure that's she's actually meeting clients offsite. Friend retaliated and told her that she should check with co-workers that were offsite with her as a reference. Guess what, another meeting with the boss due to this even though other employees and the client can vouch for her being offsite.
Click to expand...

Although if what you say above can be proven it is grounds for what seems to be victimization. If it's a large company; can take it through HR. If not - document everything and go to CCMA if fired.
 
A recording (voice or video) can be used as evidence of an event occurring. It's only for admission of guilt that you need to inform the person you're recording even if you're a party to the conversation.
 
Is this a large or a small company?

Unfortunately there are lots of smaller businesses out there that get away with crap like this because employees seldom have recourse due to HR being as intimidated as anyone else to address the issues of piss poor management

As per other advice best she documents everything and gets as much supporting evidence as possible, also find support amongst other employees if this is management standard operating procedure, sometimes the employees rallying together and saying enough is enough can make a difference, unfortunately most people will be too scared of losing their job to actually take a stand against bullying behaviour like this.

The more evidence she has the better chances of success should she end up at CCMA

If it's a larger organisation, perhaps she can go higher up the chain?
 
F1 Fan said:
Thanks all. What happens in this case if she basically forced out? Is she entitled to some payout to leave? It's a hostile environment.

Today her manager made the comment that she's not sure that's she's actually meeting clients offsite. Friend retaliated and told her that she should check with co-workers that were offsite with her as a reference. Guess what, another meeting with the boss due to this even though other employees and the client can vouch for her being offsite.
Click to expand...

Essentially what will happen is that she will resign due to the hostile working environment leaving her no other option. This is the basis of the constructive dismissal case at the CCMA.

It's important she keeps evidence of all the company's missteps and her responses to it. You also need to have laid a formal complaint with HR about it. There needs to be evidence of you trying using the formal procedures to try and better the situation. If the situation does not improve you lay another complaint, and eventually resign, making it very clear why you are resigning (i.e. hostile working environment, effects on health, wellbeing and productivity etc.).
 
Constructive dismissal is an avenue to be explored at CCMA.


The onus will be on the employee to provide proof that the working conditions were made intolerable.
 
Hi All,

Apologies for not replying sooner. Been a crazy week.

This is a small company. So she was called into another meeting with the boss, manager and HR and told to admit that she has an attitude problem. She refused to do so. The boss then continued the meeting eventually telling her she has the right attitude for the industry, and she has a long and fruitful future at the company.

Seriously think these guys are bi polar
 
What type of company is this?
 
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