In October my brother started working for a company. Since end of November he has been victimised by his boss. His boss goes out to find things wrong and shouts and treats my brother like crap. He extended his probationary period in January for something my brother did of which he had no proof other than my brother owning up to his mistake. Today he called into an apparent "informal hearing" my brother in and gave him 2 options
1. He resigns
2. He will follow formal disciplinary action against him
My brother being sick of the abuse and victimisation at work resigned.
I do have knowledge of the labour law but lack experience. I have advised him to go back to work on Wednesday and withdraw his resignation as he has no ccma case because he voluntarily resigned. Did I advise correctly? I know his boss will follow disciplinary steps if he goes back but his procedure won't be correct. Hence I say he must go back because if he does get unfairly dismissed he will then have a ccma case. Thank you in advance🌺
Keep in mind constructive dismissal is extremely difficult to prove in the CCMA. The employer does not have to accept the employee back once they have signed the resignation as the employee has signed the document and it can be held as proof thereof.Â
I would advise seeking legal advise if the employee has been reinstated, in case dismissal occurs at a later stage.