Page 1 of 2 12 LastLast
Results 1 to 10 of 15

Thread: Recourse for salary not paid by employer?

  1. #1
    Suspended
    Join Date
    Jan 2010
    Location
    Table View
    Posts
    3
    Thanks
    0
    Thanked 0 Times in 0 Posts

    Angry Recourse for salary not paid by employer?

    Perhaps someone can help me? I worked for this company for 9 months last year and was retrenched on 30/11/09 due to the company not performing as expected (a new company, 2 years old). I wasn't the only one retrenched, but the rest of the staff were in more junior positions. I am still waiting for my December salary (2 weeks notice pay). It was promised 31/12/09 and then every week or so when I enquire there's a story about lack of cash. Was promised the end of Jan but today I hear it is unlikely. Before I left I typed up a retrenchment document where my boss signed stating that it would be paid by no later than 31/12/09. The business is still in operation as the remaining staff are getting paid and the main creditors are obviously getting paid for the business to providing its service to their clients, which they are doing on a daily basis.

    Sorry the long winded version, but I am so desperate. Any help will be appreciated.

  2. #2
    Platinum Member sterne.law@gmail.com's Avatar
    Join Date
    Oct 2009
    Location
    Durban
    Posts
    1,328
    Thanks
    38
    Thanked 561 Times in 410 Posts
    Blog Entries
    7
    You can try Department of Labour, but they are seldom successful. Perhaps a strongly worded letter should be attempted before embarking on a course of stronger action. In addition to your notice he owes you leave pay.
    I might be reading between the lines but it seems the employer did not proceed with correct retrenchment procedures, which may be the stick or veiled threat to speed up the payment process.
    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.

  3. #3
    Gold Member daveob's Avatar
    Join Date
    Feb 2008
    Location
    Amanzimtoti
    Posts
    655
    Thanks
    107
    Thanked 118 Times in 103 Posts
    Personally, I think I would go straight to my lawyer and have a letter drafted and delivered to the company owner/s. That way, you send out a clear message that you do not intend to drop this and will not accept repeated excuses for delays. Let them know you're serious, and they just might start to take you serious.
    Watching the ships passing by.

  4. Thanks given for this post:

    desA (25-Jan-10)

  5. #4
    Platinum Member desA's Avatar
    Join Date
    Jan 2010
    Location
    South East Asia
    Posts
    1,023
    Thanks
    512
    Thanked 126 Times in 99 Posts
    Quote Originally Posted by daveob View Post
    Personally, I think I would go straight to my lawyer and have a letter drafted and delivered to the company owner/s. That way, you send out a clear message that you do not intend to drop this and will not accept repeated excuses for delays. Let them know you're serious, and they just might start to take you serious.
    Sound advice. Perhaps penalties could accrue for late payment against promise?
    In search of South African Technology Nuggets(R), for sale & trading in South East Asia.

  6. #5
    Suspended
    Join Date
    Jan 2010
    Location
    Table View
    Posts
    3
    Thanks
    0
    Thanked 0 Times in 0 Posts
    Thanks for the advice.....I think the next course of action is a strongly worded letter from labour attorney. I incurred some missed debit order bank costs as well which amount to about R1k which I should add on.
    Thanks again
    C.

  7. #6
    Platinum Member desA's Avatar
    Join Date
    Jan 2010
    Location
    South East Asia
    Posts
    1,023
    Thanks
    512
    Thanked 126 Times in 99 Posts
    All the very best & I really do hope that you get the matter settled. Please let us know how it goes.
    In search of South African Technology Nuggets(R), for sale & trading in South East Asia.

  8. #7
    Full Member
    Join Date
    Mar 2010
    Location
    George
    Posts
    36
    Thanks
    0
    Thanked 1 Time in 1 Post
    Debit order costs of R1k? Seems high.

    Well I am not a labour lawyer, simply put you should go to CCMA and file for late payment.

    CCMA check the business' solvency and merely instruct to pay within 7 days.

    If however the business is genuine in the kek and there is no money, all the employer does is respond with a plan.. ie he says, I will pay you by 31/3/2010. The CCMA generally accept this then follow up to make sure it happens.

    This doesnt seem to be the case since the business is still going on.

  9. #8
    Junior Member
    Join Date
    Jan 2010
    Location
    Cape Town
    Posts
    12
    Thanks
    0
    Thanked 1 Time in 1 Post
    Would suggest looking at a implementing a commercial Lien against the directors personal property. Should assist in getting your money very quickly

  10. #9
    Suspended
    Join Date
    Oct 2007
    Posts
    2,346
    Thanks
    0
    Thanked 254 Times in 209 Posts
    debit order returns are R115 per debit order returned...R120 honouring fee...at standard bank

  11. #10
    Site Caretaker Dave A's Avatar
    Join Date
    May 2006
    Location
    Durban, South Africa
    Posts
    20,977
    Thanks
    3,055
    Thanked 2,462 Times in 2,067 Posts
    Blog Entries
    12
    Quote Originally Posted by Amado View Post
    Would suggest looking at a implementing a commercial Lien against the directors personal property.
    The director's personal property? An employee could do that?
    The trouble with opportunity is it normally comes dressed up as work.

Page 1 of 2 12 LastLast

Similar Threads

  1. What recourse for Freelance sales person not paid earned commission
    By Versatile Marketing in forum Labour Relations and Legislation Forum
    Replies: 11
    Last Post: 08-Mar-10, 01:15 PM
  2. [Article] Basic Conditions of Employment Act
    By BBBEE_CompSpec in forum Labour Relations and Legislation Forum
    Replies: 0
    Last Post: 03-Nov-09, 07:05 PM
  3. [Article] PREGNANCY AND THE EMPLOYER:
    By BBBEE_CompSpec in forum Labour Relations and Legislation Forum
    Replies: 0
    Last Post: 03-Nov-09, 06:30 PM
  4. [Article] Unemployment Insurance Fund (UIF)
    By BBBEE_CompSpec in forum Labour Relations and Legislation Forum
    Replies: 0
    Last Post: 03-Nov-09, 06:03 PM

Did you like this article? Share it with your favourite social network.

Did you like this article? Share it with your favourite social network.

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •