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Post Info TOPIC: Unfair treatment by company
Anonymous

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Unfair treatment by company
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I started working in this company in August 2013, and seemed like a great opportunity for me as it is a different industry from the one I was in, I never received any training when I arrived, I was thrown at a deep end, I still haven't received any training everything I do and know I had to figure it out myself. I'm from a mining industry and this is retail. I am in Johannesburg but originally from the Eastern Cape, my parents are there.

When I started here I was studying with UNISA so I had to write exams in Oct/Nov 2013, my employer knew about this as it was clearly stated in my CV and they asked me about it during the interview and said they have no problem with my studies. Came October  and I applied for study leave, I was denied study leave and told that I can only take the day of exam and also my employer complained that I had too many exams to write. I was expected to work until late the day before my exam. My contract says my working hours are 07:45 - 16:30 from Monday to Thursday and 07:45 - 15:30 Friday.

I work until 17:00 everyday because if I leave at 16:30 my manager complains and say I don't put an extra effort on my work. I am forced to work weekends whenever he feels like it. I got married in October 2013(traditionally) and I didn't take any time off from work, I travelled during weekends to E.C. and Mondays I'd be at work. That seemed to be a problem too because I am never there on weekends when my manager wants me to work. Don't forget that I don't get paid overtime. They told me I never told them I was planning to get married.

Now I am pregnant, this is another problem because there is always an argument between me and my manager when I have to go to my antenatal appointments, my employer told me that I never told them I was planning to have kids and all this shows that I am not committed to this company, I put my personal life first.

I asked for a day off, for the first time ever since I arrived here, I have been denied this too. I am told that there is too much work to be done so I can't be given leave and I can't apply for any leave because I will be going on maternity leave in June. He told me to choose if I want to be a house wife or work.

Please help with legal advice as I am now confused. I don't think my rights are being considered here.



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LP

Date:
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Study leave: No absolute right to it unless it is contained in your contract or you have an agreement with your employer about it.

Overtime: This will be in terms of the Basic Conditions of Employment Act if you earn under R196 000 per year or in terms of your contract if you earn more than that. In both, it will be likely that reasonable overtime will be an expectation.

Pregnancy: You may not be discriminated against due to you falling pregnant. This is quite serious and can be referred to the CCMA for conciliation.



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