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Thread: Unpaid Salary. Being sent in circles

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    Angry Unpaid Salary. Being sent in circles

    Good day guys,

    I hope to get some urgent advice here, as I have had no luck between the CCMA and DoL. (kept being referred to the other)

    I have been employed with a company for 12 months. Our industry is not part of any unions that I am aware of.

    My original package was discussed and agreed verbally (I know) but I do have a sms from the MD agreeing to the terms (R 16 000 nett plus commission). I accepted the offer and moved from PTA to CPT. From the first month, salaries were paid late and in halves. As the year progressed the half-payments grew further apart and I subsequently took out a couple of short term loans to make ends meet (Initiation fees and interests at my own costs). In May the company registered for business rescue and the CPT branch got our own account for business and salaries. I never claimed any commission since I knew the company was struggling. Whenever I asked about payment I was told that everybody was getting paid late and that I just had to deal with it and hold on. (although my pay slips still showed that I was being paid full, this was not the case).

    In September I was told that my salary will now be R 7000.00 including Commission (I accepted since I could probably earn more or less what I had been earning to that point by now actually claiming commission). Since then I have received a total of R 13 000.00.

    I am now blacklisted and not eligible for any loans. My land lord has reached the end of his patience and I will be evicted end of the month if payment is not made on time. On the 13th of October I enquired into salary once again and was rudely told that it was my fault that they could not pay my salary (!?), even though the woman in charge of the CPT branch had been spending LOTS of money on unnecessaries. I had enough, when I returned home that day I switched of my telephone and have not been to the office since (Did I mess up by doing this?)

    As it stands the company owes me R 40 000.00. What is my best course of action for a quick and favourable result? I imagine our head office will have a specialist labour lawyer since some employees surely haven't held out as long as I have and taken them on.

    Could anybody recommend a specialist or course of action? I am a nervous wreck over this.

    Thanks in advance, and please let me know if any more information is needed.

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    Just to add: The money owed is excluding interest or any costs to me. The company also relied on me spending money to be reimbursed at a later stage petty cash).
    Since the CPT branch went independent it has its own VAT number so I think it might be a different company than the one I started with?

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    Hi guys,

    Sorry I don't know how to edit posts so just another quick post. The CCMA said that since I had not been retrenched or fired they could not help me, and the DoL said I was above their earning threshold. I have had enough of this company and just want my money so I can patch up as much as I can and carry on with my life.

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    What a thing!!? You have to send (deliver) your employer your resignation, because you're not being remunerated for work done. Take a copy of this to CCMA and register a dispute on the grounds of "constructive dismissal". (Yes, you were not dismissed, but the employer has made your continued employment there untenable.) When you get to CCMA ask to speak to a commissioner and don't get told off by a reception desk operator. Take your bank statements, pay slips etc. with you to show a) how you were remunerated initially and how it ended, or when it ended.

    You have a strong case, but whether the company has the money to pay you is another story, however, that is for the CCMA to rule on and for the sherrif to act on.

    Make a fuss, I dare you!

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    Hi Entropy Group,

    Just this morning I sent through a letter wherein I suggest the following steps:
    Pay my outstanding salary in 3 monthly payments (50%, 25%, 25%).
    I will accept a constructive dismissal with immediate effect so we can part ways

    I still refuse to go to work in the mean time. I am normally very timid (which is how I allowed myself to end up in this situation in the first place), but I am ready to make a huge fuss about this. I'm just scared that if I do they will drag this out as long as possible and I need those funds asap, so I am playing 'nice' first.

    I gave them till end of business tomorrow to reply with their course of action. If none is received I will tender resignation and head to the CCMA.
    Since the company is under business rescue, would employees not fall under the 'preferred creditors' category?

    Will keep you guys posted on progress!

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    Don't you think that you are also at fault for letting the situated slide as far as it did?
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    Quote Originally Posted by Aces View Post
    Hi guys,

    Sorry I don't know how to edit posts so just another quick post. The CCMA said that since I had not been retrenched or fired they could not help me, and the DoL said I was above their earning threshold. I have had enough of this company and just want my money so I can patch up as much as I can and carry on with my life.
    You can instruct an attorney to sue out summons, or if you can't afford this, and are willing to forego the balance, try the Small Claims Court. Their monetary jurisdiction is R15 000
    “The philosophers have only interpreted the world, in various ways. The point, however, is to change it.” Karl Marx
    vanash.naick@gmail.com

    Disclaimer: The above is not intended to be legal advice, but merely conveys general information related to legal issues commonly encountered. Any reliance upon the above shall be at the user’s own risk
    TFSA Disclaimer






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