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Labour Protect Advice Forum -> Labour Protect Advice Forum -> Victimisation
Post Info TOPIC: Victimisation
As an employee, what would you do in this situation?
Keep your head down and your nose clean - jobs are hard to find?
Stand up and fight!
Go quietly into the dark night?
Anonymous

Date:
Victimisation
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For the last three months, my employers have been employing tactics to try and get me to resign including subtly accusing me of stealing stock, piling on the work then taking it away from me and giving it to another colleague.  My branch manager blatantly ignoring me when I either greet or ask a question.  They also interviewed a person for my position at our office while I was at work.  I was reprimanded for taking excessive leave because I was hospitalised for a week because our working environment was so dirty that I contracted dysentary and required isolation for a week.  I was a victim of a scam which cost the company stock value and now they want to dismiss me on the grounds of gross negligence as they say I should have known better and make me sign an acknowlegment of debt which I refused to do.

Firstly, if they dismiss me is it an unfair dismissal?  Secondly, from the brief outline I've given, do you think I would have grounds for a CCMA case for both victimisation and unfair dismissal?  And lastly, on whom is the onus to prove gross negligence?

Kind regards

Sick of Here



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LP

Date:
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1st question: That would depend entirely on the corcumstances surrounding the alleged offenec and the procedure employed in your dismissal. The firts question your employer would have to ask is whether you have contravened a rule or standard which you were aware of, or should reasonably have been aware of. The test here would be to prove either an intent to defraud the company through stock loss, or were you negligent in a gross manner that the stock loss could be directly attributed to your negligence. Gross negligence can be seen as a serious departure from normal behaviour whereby you fail to act as a reasonable person would have in the same circumstances. Also, a fair procedure must be followed in all dismissals.

2nd question: Victimisation perhaps, but as you have not been dismissed yet i would say not for unfair dismissal.

3rd question: The employer must prove the charge against the employee on a balance of probabilities. So the onus is on them to prove negligence.



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Anonymous

Date:
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Thank you for the reply, it was both helpful and informative.

For now, I haven't heard anything but I am not naive to think that this is just going to blow over.  

Many thanks again and kind regards



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