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  1. #1
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    Exclamation A labour related question/problem

    My wife works for a certain remedial school in RPR doing the admin.
    Now when she started there she was warned by the previous encumbent, AND by both the head of the primary school and the bursar, that her collegue could be and was basically a bitch, but as she had been at the school since it started and she needed that job, the school put up with her.
    Over the last three years , her behaviour, especially towards my wife, has deteriorated to a point that it is outright bullying, and my wife has had meetings with the head and the bursar, but it is being swept under the rug, and the head of the high school for whom she now insists on working for exclusively, although no such division of work has ever been mandated by the school, is basically saying that well if you don't like it leave?
    When my wife voiced her displeasure to the bursar yesterday, she was told that if she wants to resign, she must, but she MUST resign by Tuesday, so it can be shown to that board.
    My gut reaction is to go down and tear a few people a new one! BUT, surely behaviour like this that has been reported to ones superior not once but many times should have been attended to long ago, especially as its common knowledge?
    Any advice welcome!
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  2. #2
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    Default Re: A labour related question/problem

    A labour lawyer can advise, but in my opinion that would be constructive dismissal.

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  4. #3
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    Default Re: A labour related question/problem

    I would advise your wife to become a similar bitch and give the other of her own medicine.
    When the other starts complaining she just say tit for tat. You don't like my new attitude then change yours.
    Also do not take any flack from management. Do your job properly and stay.
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  6. #4
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    Thumbs up Re: A labour related question/problem

    Quote Originally Posted by JohanMaree View Post
    I would advise your wife to become a similar bitch and give the other of her own medicine.
    When the other starts complaining she just say tit for tat. You don't like my new attitude then change yours.
    Also do not take any flack from management. Do your job properly and stay.
    My opinion exactly, only my wife is soft!
    Mark Backler
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  7. #5
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    Default Re: A labour related question/problem

    What Stephen said
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  8. #6
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    Default Re: A labour related question/problem

    Keep a record of all engagements with Management
    Speak to a trusted colleague and also raise your concerns and record this as well
    This information can be used to assist or prove constructive dismissal should this arise
    By reporting this to management and them not taking action to mediate and assist in resolving, and you are then forced to leave due to comments such as "she was told that if she wants to resign, she must, but she MUST resign by Tuesday, so it can be shown to that board" can be used in evidence

    It is not ideal as in all probability if she won the case with the CCMA she will only be offered 3 months salary. Rather try and resolve through dialogue

    I am not a Labour Law professional but this is from experience gathered from working with a Large Corporate
    Edwin
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  9. #7
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    Default Re: A labour related question/problem

    Quote Originally Posted by Defender TAZ View Post
    Keep a record of all engagements with Management
    Speak to a trusted colleague and also raise your concerns and record this as well
    This information can be used to assist or prove constructive dismissal should this arise
    By reporting this to management and them not taking action to mediate and assist in resolving, and you are then forced to leave due to comments such as "she was told that if she wants to resign, she must, but she MUST resign by Tuesday, so it can be shown to that board" can be used in evidence

    It is not ideal as in all probability if she won the case with the CCMA she will only be offered 3 months salary. Rather try and resolve through dialogue

    I am not a Labour Law professional but this is from experience gathered from working with a Large Corporate
    This is excellent practical advice. Need to keep a diary of incidents with the other staff member and interactions with management while trying to resolve the situation. Perhaps follow the latter up in writing.

    But if it goes to CCMA, even if you win it is highly unlikely that you will get costs, so will a settlement of 3 to 6 months salary be worth your legal / advice costs and all the mental stress? Plus, even if you win (and leave) it taints you in the eyes of a future employer.

    One possible avenue is to join the trade union Solidarity. I'm not sure how long they would expect you to be a member before they would be prepared to represent you.

    Or stay in the job and just ignore the other person. If she doesn't get a rise out of you then she may get tired of trying to bully you. Not at all easy to do, but probably the only way if financial needs dictate that you must work.
    Last edited by Ian.McM; 2021/10/22 at 02:00 PM.

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  10. #8
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    Default Re: A labour related question/problem

    Document everything!
    Keep everything and back it up off site!
    Put everything in writing! Especially to bosses etc.
    Record conversations. some way be legal and be used, some may not. But if it comes to a point where it is getting serious then you only have to inform all involved in any meeting/discussion that you are recording it.
    No evidence means that when it comes to CCMA balance of probability will not fall in your favour.
    Put a grievance against her using the company procedures once you have enough evidence.
    If the company ignores it or won't reprimand her then it goes towards your case of constructive dismissal.
    If you can get written testimony from others as to her behaviour it goes a long way to proving your case.
    If you can get video evidence of nasty/bullying interactions do so.
    The more evidence you have to put against her the better. The more evidence of the school not doing anything about it the better.
    Doctor's prescriptions for sleeping pills and tranquilisers etc etc can also be used to show the stressful situation.
    Evidence, evidence, evidence...build your case before you take any action.

    Just be aware that when dealing with an environment where there are kids you have to be careful to not video the kids as that can lead to big trouble.

    ps... if you know any old staff members or anyone else who has witnessed her behaviour get affidavits from them too.
    Last edited by gazza1210; 2021/10/22 at 02:17 PM.
    Gary
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