Question: I have been employed as Financial Manager since August 2008. I completed my six months probation period on January 31, 2009. I was called to a probation review on February 18, 2009, after which I was advised that my probation has been extended to the 18th of June 2009. I raised a grievance on this matter. A number of letters were exchanged and I finally referred the matter to the CCMA which case set on the 3rd of June 2009. The commissioner held that I had not exhausted the options offered by the companies greivance procedure. I duly accepted the decision of the Commissioner and lodged my greivance with the company on the 12th of June 2009. I have had variuos threats that I will be fired without further consideration wahtsoever and today I was told, in a meeting with my superior and my junior staff, to resign or be fired. There are other issues that I have had with the company which have strained relations between my employer and I. What I would like to know is, what cause of action can I follow in view of the threats that have been made towards me and like of the already strained relationship with my employer?
Answer: If you resigned due to threats and or intolerable working conditions you could refer the matter to CCMA as a constructive dismissal, i.e. That you were forced to resign as, at that stage, there were no other options and you were forced to do so. However, please note that this is one of the hardest matters to win in the CCMA as onus and burden of proof lie with you and you are the one that will have to show and prove that you were forced to resign. Remember even though this was said to you in front of other staff members, you would have to get them to testify to this at the CCMA on your behalf and against the company. Very few, if any, will be prepared to do that. Other than this course, you would have to continue working ensuring that you do all your tasks and duties as allocated to you and if they fire you, they will have to have a valid reason to do so. If they do not, refer the matter again to the CCMA as an unfair dismissal. Last option, is seek alternative employment and resign once you have been successful in doing so.
Helpful Resources … Dig Deep 
Loading…
Hello,
Help, I do not know what to do: I am 41 years old, I am a Sr. performance manager consultant; this is what I have been doing for the past 18 years.
About 4 years ago, I was hired by my current boss (from another company) to start a new company (my boss and company owner also left a company).
The company grew from 2 persons (us two) to over 20 and 3 branches; I was a huge contributor (knowledge and support) for the success… Nevertheless, during the past 3 years my boss (owner) has been very demanding towards most of the employees; she expects us to work weekends, and late hours of night; I usually work from 7h00 to sometimes 23h00 even past 24h00 (non-stop-eating from desk), there has been days that I do not sleep at all. She even made me work two days after a surgery!!! (I was booked by my doctor for the week)
Working late has been the rule not the exception.
I am very exhausted; 3 excellent employees left the company as a result;
I want to resign as well as it is taking a toll on my health and my family; There is a company that is willing to hire me immediately but it is similar of my current one.
Now my boss is very upset, telling me how bad of a person I am, that I am ungrateful, she calls me at 22h00 of the night threatening me that she will take me to court as I can not work for a similar company; she is talking bad about me, on my back, to other employees and saying “white” lies; this is affecting my future and career… I do not have shares of the company, I am just another employee; I have been the most loyal person of the company.
When I told her that I want to move on, as I can not take it anymore; she threatening me that I can not work for any company that might compete with hers. I told her this is the only experience and knowledge I have, and my whole career is based on this; I have been in this area even before her company existed.
She said that it does not matter, that I have other options, to work for a bank, I can be a PA or Senior Secretary.
What can I do?
Can she apply the restriction of trade? (I signed a document, but is not specific; it does not have any geographical limits)
Can I take the new job?
Can I sew her for making me work late? (she says that I am paid as a manager, so I should work late)
Kind Regards,
Bobby.
Dear Bobby
The law is on the side of the employee with regards to restraints of trade. It is unconstitutional to restrict a persons right to employment. Unless you deliberately poach existing clients and/or divuldge confidential company info there will be little chance that a restraint will be enforced against you. Equally restraints are extremely costly and prolonged and are done by civil court actions.
I say: Go ahead, give in your resignation and go and work where you are planning to!
Forget to the sewing (sic) of overtime as it is after the fact and fruitless in my opinion. Senior managers by nature forfiet thier rights to overtime – ask me I know!