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Thread: Salaries payments

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    Question Salaries payments

    Hi Guys,
    Anybody ever made headway on companies not paying salaries?
    I have taken teh "high road" up to now and have been battling for 6 months with an employer. As I have been working on a project and did not want to drop the client we are working at - I have stayed on. The project is ending - the client has paid my employer every month like a dream...but I have a few months salary outstanding. I have put myslef in debt and need to clear this. My own stupidity -I know. Anybody out there know what I can do - CCMA and Labout is out as labout only worries if you receive less than R15 000 a month and CCMA refers you to Dept of Labour. I have resigned - an d will be leaving as soona s teh project is finished. Any body have a plan? Talking about plus or minus R100 000?

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    Platinum Member sterne.law@gmail.com's Avatar
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    If you want to bring it into the CCMA jurisdiction then there needs to be a dismissal. They do not have jurisdiction over statutory money, however if their is a dismissal then they may deal with statutory money.
    You could then claim a constructive dismissal in that the failure to pay you rendered conditions intolerable and in that way bring it in front of the CCMA.
    Anthony Sterne

    www.acumenholdings.co.za
    DISCLAIMER The above is merely a comment in discussion form and an open public arena. It does not constitute a legal opinion or professional advice in any manner or form.

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    Hi
    Thanks for the answer. It is just such an unpleasant situation.Will have to see if they pay me all my back log of salaries. They have also not paid over our Tax to SARSor UIF - although it is on our payslips.
    Lets see what happens at the end of the month. Will let you know. Thanks again for the reply.

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    Site Caretaker Dave A's Avatar
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    Makes you wonder - If the client's paying on time, why the cash flow problem?
    And will it resolve at the end of the contract?

    I wouldn't wait long to issue a summons once you're out the door.
    The trouble with opportunity is it normally comes dressed up as work.

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    I would do the following;

    1. Communicate directly with the client on this matter. Have your facts in order.
    2. If there are any deliverables from your side i.e. documentation, manuals etc, make them (employer and client) aware that these deliverables will not be forthcoming unless payment has been received (depends on the situation).
    3. Preferably communicate in written form with the other parties for future references, and self-protection.
    4. Not paying over your taxes & UIF contributions by your employer, is a criminal offence. Notify SARS. You are already been screwed, so screw them back.
    5. Pity that you have resigned, should have waited for the employer to make the move.

    From experience, the employer is probably still maintaining his/her life style and stuff the rest. Nail them, you can do this anonymously.

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    Site Caretaker Dave A's Avatar
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    Quote Originally Posted by MGM View Post
    1. Communicate directly with the client on this matter. Have your facts in order.
    I suggest harming the reputation of the employer with the client may have significant undesirable consequences and is highly unlikely to improve the employee's situation
    The trouble with opportunity is it normally comes dressed up as work.

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    Hi,
    I would also not feel comfortable discussing this with the client. Unfortunattely the IT industry is small and the clients' board memebers are on other boards at other companies who use to diel with my employer - where they talk. I heard about the companies financial problems - 5 months ago - from the client. They owe a major vendor a few million rand. I have not discussed this with the client - No 2-4 I have covered on your list.I just had to resign - it looks like that is what they push for. Everybody else has resigned and left. I just wanted to complete my project at the client. It is not the clients fault that I have a ^*^ employer.
    I am sending through an invoice to the client for the past three weeks. It will cover all moneys outstanding to me.I am going to try and ask the directors at my employer to make sure it does not fall in a black hole - but that they pay me with it. Hold thumbs.
    Thanks so much for all te advice! I do appreciate it.

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