Employer Contract Dispute Resolution
Summary
You may file a claim for unfair labour practice regarding the unfulfilled salary review promise. The derogatory email incident could be considered harassment or bullying. Unreasonable working hours can be reported to the Department of Labour. Unilateral changes to your contract without prior discussion could be seen as a breach of contract. Consult a labour lawyer for specific advice.Full Conversation
Dear Legal Advisor
I am seeking legal advice regarding several issues with my current employer, an EPC company. Here are the key points:
I was relocated to a project site in the Northern Cape, with the understanding that my travel expenses, including return flights, would be covered by the company. However, upon my return, I was informed that only the flight to the site was covered.
Despite being promised a salary review, it was not fulfilled, even after discussing and providing documentation of my previous salary.
While on the project site, a derogatory email about me was mistakenly sent to an external party. The response from management was minimal, only resulting in a final written warning for the sender.
The relocation required extended working hours and impacted my personal obligations, including my right to vote and renew my driver's license.
Today, I was given a revised contract that suddenly amends transportation arrangements without any prior discussion, and my salary remains unchanged.
I would appreciate your guidance on how to address these issues, including potential claims under the Labour Relations Act.
I'm sorry to hear about your situation. Under the South African Labour Relations Act:
- You may file a claim for unfair labour practice regarding the promise of a salary review.
- The derogatory email could be considered as harassment or bullying.
- Unreasonable working hours can be reported to the Department of Labour.
- Unilateral changes to your contract without discussion could be seen as a breach of contract.
You should consult with a labour lawyer for specific advice.