Discrimination on the grounds of disability
Recurring harassment and victimization in the workplace, as a result of the employee’s bi-polar condition, ended up in a claim of discrimination against the employer.
On 14 January 2015, *Mr Alan Croucramp was employed as senior I.T manager at *MARCO Supplies in Cape Town. After a few weeks, *Mr Kevin Bold (Operational Manager) of the company began harassing Alan verbally, by saying that he was incoherent, not of sound mind which affected Alan’s dignity. Alan had previously been diagnosed with bi-Polar condition by his psychiatrist. Kevin insulted, demeaned and intimidated Alan during the course and scope of the employment relationship.
Kevin continued to slander and be offensive towards Alan for weeks on end. Due to the continued harassment and victimization by Kevin, Alan contacted his medical practitioner who booked him off work for a period of seven working days. The medical certificate was emailed to the employer and reflected that Alan had been booked off by his doctor for anxiety and stress.
Kevin revealed the contents of the medical certificate to Alan’s colleagues, without Alan’s consent which is unlawful in terms of section 90 of the Basic Conditions of Employment Act. After seeking advice from a labour relations consultant, Alan lodged a formal written grievance in terms of the company’s grievance procedure and code. The grievance remained unresolved and Alan lodged a labour dispute at the CCMA for unfair discrimination on the grounds of disability. Due to the irretrievable breakdown in the working relationship, Alan settled his labour dispute and was paid a substantial amount of compensation for his discrimination claim at the CCMA.
*Not their real names