I am seeking legal advice regarding a hostile work environment and ongoing harassment I am experiencing at my current employer in Cape Town.
Background:I have been employed for two months and am currently in a four-month probation period. I have received no formal training or induction and have been required to teach myself the systems using old spreadsheets.The Situation:My direct manager is the HR Manager. Following a single mistake made in my first month, the HR Manager’s treatment of me has become abusive and targeted. The specific issues are:Verbal Abuse: The HR Manager has used profanity (including the words “f*** up”) toward me in front of other employees.
Setting Up to Fail: I am responsible for payroll, but I am intentionally provided with the necessary inputs only 2–3 hours before the payment deadline and still seeks 100% accuracy .This creates extreme pressure and a high risk of error, which is then used to criticize my performance.
Arbitrary Criticism: I am belittled over aesthetic details (column sizes, fonts, and colors) rather than the accuracy of the work, which she attributes to her “OCD.”
Threats to Job Security: I have recorded conversations where she has threatened to outsource my role or do the work herself because she is unhappy with my performance.Unfair Labour Practice: I have two outstanding emails regarding a personal leave request from two weeks ago which have been completely ignored.
Conflict of Interest: The next level of management is the Managing Director (MD), who is the HR Manager’s husband. This makes internal grievance procedures virtually impossible to conduct impartially.Evidence:I have a detailed log of incidents and emails.I have audio recordings of the verbal abuse and threats of outsourcing.I have proof of the late payroll inputs and ignored leave requests.
Impact:This environment is severely affecting my mental wellbeing and causing significant work-related stress, which is impacting my family life. I feel targeted and bullied, and I am concerned that I am being set up for an unfair dismissal at the end of my probation.Request:I cannot afford to be without an income as I provide for my family, so I have not resigned. I would like to know:What is my protection under the Employment Equity Act and LRA regarding this bullying?How should I handle the grievance given that the MD is the HR Manager’s husband?What are my chances of success at the CCMA for an Unfair Labour Practice or Unfair Discrimination claim while still employed?I look forward to your guidance on the best path forward.
Failure to Provide Written Particulars of Employment:Despite being employed for two months, I have not been provided with a formal contract of employment. While I signed an “Offer of Employment” before starting, my subsequent and numerous requests for my full contract have been ignored. A meeting was previously scheduled to issue the document but was cancelled and never rescheduled. This is a direct contravention of Section 29 of the Basic Conditions of Employment Act (BCEA), which requires an employer to provide written particulars no later than the first day of work

The following does not affect me as I am Monthly paid

Illegal Instruction Regarding Public Holiday Pay:The HR Manager issued a company-wide instruction stating that fixed-term and part-time employees will not be paid for public holidays not worked unless they use their accrued annual leave and apply for annual leave on public holidays in order to be paid.This is a direct violation of Section 18 of the BCEA, which mandates that employees be paid their ordinary wage for public holidays that fall on a normal working day. Forcing employees to use annual leave for statutory public holidays is an illegal practice and constitutes further evidence of a disregard for basic labour rights.

What can or do I need to do. I feel so stressed and anxious to go to work each day and need assistance with this.

Thank you