Hi All!

I have been addressing your queries and have found that a topic, namely sexual harassment seems to be fairly prevalent. This form of harassment is never pleasant and is always an extremely sensitive issue and the resolutions and outcomes are equally not always of the desired effect. When responding to your queries I have felt it best to edit some sections as not to prejudice any parties. If any of my readers would like me to address or advice on a particular topic please feel free to submit such suggestions.

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Please note that an alias has been used to replace names.

Hi Craig,

I keep on getting my arse pinched by some of my female clients. Will this behaviour be considered as sexual harassment? If so what must I do? I can’t afford to loose the business and as a married man this behaviour is offensive to me.
Marius (JHB)

Hi Marius

Your situation is unique in a way as this form of harassment is not of an internal nature i.e. between employer/employee or between co-workers within a company .This severely limits and restricts recourse. As I gather the harassment is from some of your female clients. I assume that you are in service provision of some sort’s e.g. sales rep and rely to some degree on business generated from these clients with regards to income. You are unfortunately not in an enviable position as the resolution of your predicament will fall to choice. I would suggest that you attempt to get another person within the organization to service those clients that are providing untoward attention to your rear. Confronting these clients yourself may have negative results and could affect the company /client relationship as you will most probably be somewhat emotional. I would advise that you report such client behaviour to your superior as to cover your arse (no pun intended) in the event of an incident. In your circumstance I would suggest avoiding the harassment as far as possible. If this is not possible you will have to confront or seek a desk job. Yes this would be considered sexual harassment.
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Craig;

I worked for a security company in the Cash in Transit department. In May 2007 I resign because a firearm went missing. The firearms were received by somebody else the previous evening and when I gave it out the next morning the box was empty. They made me report it to the police and I paid R1000 admission of guilt because I was afraid to loose my job. They suspended me for a month and I received a notification for a disciplinary hearing. At the hearing they told me to resign or they will fire me. They also said that if I say so to anybody they will deny it. There are no minutes of the hearing because I went there and ask for it. It’s now 6 months late and I am still without a job. Can I log a complaint for unfair labour practice at CCMA or is it too late? I feel it was not necessary that I was punished twice. The fine and the option to resign. Because of the resignation I could not draw UIF. Please help! I went through 2 armed robberies when I worked there. I resigned May 2007 after they give me the choice, either I resign or they fire me. The fine was paid to SAPS for losing the gun on my shift (admission of guilt – I know now that I was not supposed to take the punishment, but they forced me to go to the Police to report the gun and I did not know that they (SAPS) would open a case and charge me – I did it because I was afraid of losing my job) as they say, but what about the guy that took the guns in the previous night, he was not charged. I know nothing about these things and after I spoke to someone I’ve decided to try and do something, because I am still out of work. I don’t know if the company gives me a bad reference or what because I’ve applied for a few jobs but still nothing. I only now decided to take them on because I was in Feb 2006 in a robbery and had a back operation and because of that the doctors gave me last week a final progress report for workman’s compensation that I am permanently unfit for security work due to post traumatic stress disorder. I’ve kept on working but nothing was the same after they shot at me. It was actually the second robbery. I went to them on for the Workman’s compensation stuff on Wednesday last week and I asked for the minutes of the hearing, but there’s nothing. I only have the paper “Notification of a disciplinary hearing”. I was suspended for a month while they were waiting for the SAPS case. During that time they asked me to come and report at work every morning and later they told me I can only phone in. Why? I don’t know.
Thanks

Andrew

Hi Andrew

A “forced” resignation is a popular and relatively clean option for a company to use to dispose of unwanted staff. Fear for loss of employment is always a strong motivating factor to any person. I will not delve into the merits of your case as to who was right or wrong or who did what but I will rather advise you on what your recourse is. Suffice to say the whole scenario reeks of double jeopardy and by rights you were unduly punished in more than one aspect. The current firearms control act is extremely strict and loss of weapon is an extremely serious offence. Your first problem is that you have done nothing for 6 months and a CCMA case needs to be submitted within 30 days of dismissal. You can apply for condonation to the CCMA to hear your case and will be asked to give relevant reasons as to why you have left the matter so long. The CCMA will assist in this application. Secondly as I understand you are now medically boarded due to stress and as such you will be unable to continue working in the security industry. Thus if you want to lodge your case at the CCMA with condonation it will have to be for compensation and in the form of a constructive dismissal i.e. you were forced to resign due to x,y,z. Again you will need to go to your nearest CCMA and they will assist you with this if you so wish. If you want my honest opinion lets address fact: you have pleaded guilty and paid admission of guilt to firearm negligence and this will not change. This is an offence. Constructive dismissal is one of the hardest cases to win at CCMA as the ex-employee has to produce all evidence and proof which the company will dispute and deny. It is my belief that you will not be successful should you proceed with case. Rather demand a written letter of service from the company, which by law they must provide, so as to use as a reference. Reality is harsh Andrew and although I empathize with your situation I don’t believe that much recourse will be forthcoming. Choose a more relaxed career, put this behind you and move on with your life.

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Hi, my name is Michelle. I work for a Company as Sales rep-Internal. We work on sales targets. I did very badly this month (October) just because it is a quiet month. Now they want to give me a hearing-end my contract. Is it the same as retrenchment? I would like to be retrenched-as I am starting my own business anyway? How do I go about-should I tell them I want to be retrenched?
Answer:

Hi Michelle

A retrenchment is completely different to a hearing. At the hearing they may decide to dismiss you. If you have no previous disciplinary record for poor performance they will not be able to dismiss you merely for not making target for 1 month, however they may do so regardless, although unfairly. You would then have to refer the matter to the CCMA; if dismissed you will get no package only salary owing and any leave pay and statutory payments. You can ask for retrenchment but as you will then be due a package they will most probably say no. Refer below. Retrenchment package = 1 week salary per year of service + 1 month notice pay + salary due + leave pay.

Depending on when you are going to open your business you may consider resigning with a months notice. This saves you having a dismissal as a reference record and gives you another month to sort the business opening out.

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