I am hoping someone may be able to give some advice on a matter. My neighbor just informed me that she has been working for a small cash only company for two years at 45 hours a per week and has been getting paid cash in hand each week. She would have to work public holidays at normal pay rate and if she took off on public holiday he would not pay her for that day. Her boss had never registered her for uif or paye and in fact she has discovered that the company itself has never been registered with CIPC as a company so it seems the whole company is a flyby night set-up. Last week her boss informed her he is closing down the company and that she should find a new job.
However what my neighbor has discovered is that her boss is in fact giving everything over to his wife and that the wife has now registered legally with CIPC brand new company name as if a brand new business has started.
The questions my neighbor has is as follows:
1. Since her boss never registered her for uif and paye what recourse does she have?
2. How would she go about applying for uif?
3. Since her boss never registered the company so it was never a company how would she go about forcing him to pay her for the public holidays he got her to work at normal hourly rate?
4. She has questioned him about it and her told her he does not have any money and was never an employee because she never got a pay slip. What recourse would she have?
5. Her bosses wife has registered and all legal with a new company name so would my neighbor have any recourse or claim against her bosses wife or her new legal company since although the name is changed and is now legal it will be trading out of the same rented building but with a different owner and different company name?
Sorry this post is so long winded but my neighbor is a 54 year old lady with very little chance of finding new employment at her age. I would like to help her with some legal advice and would appreciate any feed back provided.