Treatment FAQ

where to report unfair treatment at work in south africa

by Zula Kshlerin Published 3 years ago Updated 2 years ago
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How to Report Unfair Labour Practices? Unfair labour practices must be reported to the CCMA using the LRA 7.11 form, which is downloadable from the CCMA website. The form must be completed and handed in to the Regional Office of the CCMA in the area where the dispute originated.

What is unfair treatment in the workplace?

Report discrimination. If you have been unfairly discriminated against either directly or indirectly on the basis of one or more of the prohibited grounds, or feel that you are the victim of hate speech or harassment, contact the nearest Equality Court for assistance. Read more about lodging a complaint in the Equality Court or contact the ...

What to do if you have an unfair labour practice?

Jan 15, 2021 · In line with article 23(1) of the Constitution of South Africa, everyone has the right to fair labour practices. The self employed or independent contractors do not enjoy protection against unfair discrimination under the Employment Equity Act as the legislation only applies to employees or applicants for employment.

What to do if you have been unfairly discriminated against at work?

The Act lists the following kinds of treatment as unfair labour practices. Unfair conduct of an employer relating to the promotion, demotion, probation or training of an employee or the provision of benefits Example: If all employees pass a test and all except one are promoted, the employer might be guilty of unfair conduct against that employee.

What is an example of unfair conduct at work?

Jun 28, 2021 · The issue of unfair discrimination stems far back in South Africa and in order to understand the current legislative framework, it is necessary to understand the racial inequalities in the workforce that people of colour have been subjected to. History provides context and context provides understanding of what people of colour have endured over the years.

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What is considered unfair treatment in the workplace?

Some of the most common examples of unfair treatment at work include: Spreading false rumors about coworkers. Neglecting a promotion or pay raise due to a race, gender, or other non-work-specific trait. Sending offensive emails or texts regarding an employee.Feb 7, 2022

Who do I speak to about unfair treatment at work?

It might be against the law if you're being treated unfairly or differently at work because of who you are, such as being disabled or being a woman. If it is, you can complain to your employer or take them to an employment tribunal.

What is Victimisation in the workplace South Africa?

Victimisation may also include the following: spreading malicious rumours, insulting or humiliating an employee, overload or overburden one employee with work, constant exploitation of the employee, using obscene/vulgar/ insulting language against an employee.Mar 11, 2021

What can I report at CCMA?

You may want to ask the CCMA to conciliate or even arbitrate your dispute. A union or employer's organisation may also initiate this action.
...
Referring a Dispute
  • dismissal,
  • wages and working conditions,
  • workplace changes, or.
  • discrimination.

How do I write a letter to my boss about unfair treatment?

Employee Complaint Letter
  1. Identify exactly the kind of workplace harassment that took place.
  2. Write down the details about the harassment.
  3. Introduce yourself and your purpose.
  4. Present the facts of the harassment.
  5. Explain in great detail how you responded.
  6. Proffer a solution to the issue.
  7. Avoid using offensive language.
Oct 20, 2019

How do I complain about my boss anonymously?

Submit an Anonymous Report

Some companies have a silent witness online reporting form or a 24-hour anonymous tip line for employee concerns. Or, you could write an unsigned note and slip it under the manager's door, for instance. The downside of anonymous reporting is that your complaint may not be deemed credible.

What is harassment in the workplace South Africa?

The Code recognises that harassment includes violence, physical abuse, psychological abuse, emotional abuse, sexual abuse, gender-based abuse and racial abuse. It includes the use of physical force or power, whether threatened or actual, against another person or against a group or community.Mar 24, 2022

Can I sue my employer for stress and anxiety South Africa?

The law in South Africa states that an employee with a mental health condition has a constitutional right to equality, human dignity, reasonable accommodation and fair labour practice. An employer therefore cannot demote or transfer a person or reduce a salary because of a mental health condition.Oct 9, 2017

What can an employee do if they are being Victimised?

Victimisation in the workplace

An employee who believes they have been discriminated against or sexually harassed has the right to make a complaint. They can use their employer's own complaints procedure or go through an external organisation like the Commission.

What to do if your boss is treating you unfairly?

If you are being treated unfairly in the workplace, there are a number of steps you can take in order to protect your rights:
  1. Document The Unfair Treatment. ...
  2. Report The Unfair Treatment. ...
  3. Stay Away From Social Media. ...
  4. Take Care Of Yourself. ...
  5. Contact An Experienced Lawyer.
Jan 2, 2020

What are some examples of unfair labor practices?

Examples include:
  • Refusing to process a grievance because an employee is not a union member.
  • Threatening an employee for filing a ULP charge.
  • Refusing to negotiate in good faith with an agency.
  • Calling, participating in, or supporting a strike, work stoppage, or slowdown.

How do you prove unfair dismissal?

To prove that a dismissal was automatically unfair, the reasons that prompted the employer to dismiss the employee must be identified and it must be established that the employer was motivated by one or more of the reasons listed to get rid of the employee.May 17, 2018

How long does it take to refer an unfair labor practice to the CCMA?

The referral must be made within90 days of the alleged unfair labour practice.

What happens if an employee and her supervisor have an argument and the employer suspends onlythe employee?

If an employee and her supervisor have an argument and the employer suspends onlythe employee, even though it is unclear who was to blame for the argument, this couldbe an unfair suspension (this category excludes dismissal, because dismissals aredealt with in Chapter 8 of the Act.)

What happens if an employee is retrenched?

If an employee was retrenched but it was agreed with the employer that the employeewould be re-employed if a suitable job became vacant, and the employer disregardsthe agreement by employing another person when a suitable job does become vacant,the employer will be guilty of an unfair labour practice.

Unfair discrimination in the workplace: Unequal pay for equal work

The issue of unfair discrimination stems far back in South Africa and in order to understand the current legislative framework, it is necessary to understand the racial inequalities in the workforce that people of colour have been subjected to.

The economic cost of sexual harassment

Conservatively estimated, one in four women will experience sexual harassment in the workplace at some stage during their working lifespan. The personal toll on these women - and those around them who deal with the secondary effects - is immense. The psychological impact of such harassment and victimization cannot be overstated.

What is a CCMA dispute?

Refer dispute to CCMA. If you are an employee in dispute with your employer, or vice versa, over a matter such as: dismissal. wages and working conditions. workplace changes, or. discrimination. you can ask the Commission for Conciliation, Mediation and Arbitration (CCMA) to conciliate or even arbitrate your dispute.

What is BCEA in employment?

Basic Conditions of Employment Act (BCEA) issues may be linked to unfair dismissal disputes and unfair retrenchment disputes at the CCMA. where a bargaining council or statutory council exists for that sector. where a private agreement exists for resolving disputes, such as private arbitration. Find out more about referring a dispute to the CCMA.

What is the CCMA?

discrimination. you can ask the Commission for Conciliation, Mediation and Arbitration (CCMA) to conciliate or even arbitrate your dispute. A union or employer's organisation may also initiate this action. You do not need the other party's consent before taking a matter to the CCMA.

How does unequal treatment affect your work?

Unequal treatment at work can be the result of behavior from a coworker or supervisor. Your coworker can treat you poorly by not including you in activities with other employees, talking about you behind your back, constantly asking you for dates or unjustly complaining about you to your supervisor. Your manager may participate in unequal treatment by denying you a deserved raise or promotion, terminating you, not offering you desirable projects or making derogatory jokes in the workplace. Being treated differently than others can cause stress and low morale, which impacts your performance and productivity.

What happens when you are treated differently?

Being treated differently than others can cause stress and low morale, which impacts your performance and productivity.

Why is it important to keep a record of your treatment?

Keeping a record of your treatment is a good practice to get into if you feel you are being treated unfairly at work and will also help you to feel empowered and more in control of the situation. A record of events could be useful to have if you need to take things further but can also help you to see things clearly and even identify patterns in the behavior of the person treating you unfairly.

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