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Post Info TOPIC: Is there a statue of limitations for obtaining relief for an employer's repudiation of a contract?
Anonymous

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Is there a statue of limitations for obtaining relief for an employer's repudiation of a contract?
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Good day

My employer repudiated my contract a number of years ago by unilaterally transferring me into another department with a lower status, without there being any evidence that I had committed a misconduct or had performed poorly, or that this was being done for operational reasons. The procedure followed was in total contravention of the procedural requirements of the LRA - I was merely called in and told that I was being transferred. It is unfortunate that due to a number of factors, including age that I was unable to leave the company, which was presumably their intended goal - they have done this to at least one, if not more employees in the past.

I suspect, but it may only be only provable as circumstantial evidence, that the harassment to leave was a direct result of my having approached a Labour Attorney a couple of years prior to this and in seeking redress for an iniquitous pay cut of 25% at the time the company both retrenched and cut the salaries of numerous employees without following the prescribed procedures laid down by the LRA, exposed the illegal activity of the company to my appointed legal adviser. I am arguing that this might very well be provably to have been an occupational detriment.

My working life in this company is still being made intolerable, but I am in even less of a position to simply up and leave and claim a constructive dismissal.

I would therefore very much like to know if there is any reasonable possibility of my obtaining some relief (based on an automatic dismissal ?) and being able to leave the company based on the repudiation of my contract that happened some years back now?

I am a longstanding member of Labour Protect.

Thanks in anticipation...



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