Wages been paid on a day of public holiday

[Tech]

Weekly wages on public holiday

Hi ForumSA

The company I work for has some monthly paid staff and others weekly. The weekly paid staff receive their wages in cash every Friday and Fridays has been the set pay day for 4 years.

Company is currently cash strapped and Friday is a public holiday however just the owner and myself shall be working on the public holiday as a large cash payment is getting paid on Friday morning.

The weekly paid staff are expecting to be paid tomorrow, Thursday, however the owner has made it clear that the company bank account does not have enough to pay them tomorrow but that will have enough cash to pay them on Friday morning being a public holiday.

The staff have refused to except the owner's explanation and demanding payment tomorrow or they will report the company to department of labour.

Questions I have are as follows:

1. Company will only have enough cash on Friday and Friday is normally the pay day and if it was not a public holiday there would we payment as normal. Can the staff report the company if they don't get their weekly wages the day before the public holiday?

2. Can the company tell the staff that unfortunately they will have to collect their weekly pay on Ftiday the public holiday from the company address?

3. The company owner has told the staff that the company can even eft the weekly pay into their accounts early on Friday but the staff are refusing to provide their bank account details and stating that because Friday is a public holiday the work week ends on Thursday and they want to get paid on Thursday. Can the company legally refuse to pay on the Thursday since the company weekly payday is Friday?

Any advice would be most welcomed as the company just won't have the money in cash to pay until Friday the public holiday yet the staff are not believing the facts.

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[Dave A]

1. Company will only have enough cash on Friday and Friday is normally the pay day and if it was not a public holiday there would we payment as normal. Can the staff report the company if they don't get their weekly wages the day before the public holiday?

By the time the complaint is heard, the staff will be paid. A complaint to DoL / CCMA should only be a risk if this is going to be an ongoing problem.

2. Can the company tell the staff that unfortunately they will have to collect their weekly pay on Ftiday the public holiday from the company address?

If you are going to have them report to work, you are going to have to pay them for their attendance. There are a number of other reasons why I would suggest this approach would be a bad strategy anyway.

3. The company owner has told the staff that the company can even eft the weekly pay into their accounts early on Friday but the staff are refusing to provide their bank account details and stating that because Friday is a public holiday the work week ends on Thursday and they want to get paid on Thursday. Can the company legally refuse to pay on the Thursday since the company weekly payday is Friday?

The starting point of your legal obligation is the employment contract, and past practice.

Your real problem is that even if the "legal position" is you are supposed to pay on Thursday, you can't because you don't have the money.

If I was in your shoes, I'd be frank with the staff and say -

• The situation is not my choice.
• The options are get paid via EFT on Friday (or Saturday if instant transfer is not available), or
• Get paid cash on Tuesday (assuming the work week is normal weekdays and given this is the Easter Weekend).
• If they normally work on Saturday, get paid cash on Saturday.

[Andromeda]

There is always that pesky Sec. 32(3) of the BCOEA

[Tech]

By the time the complaint is heard, the staff will be paid. A complaint to DoL / CCMA should only be a risk if this is going to be an ongoing problem.


If you are going to have them report to work, you are going to have to pay them for their attendance. There are a number of other reasons why I would suggest this approach would be a bad strategy anyway.


The starting point of your legal obligation is the employment contract, and past practice.

Your real problem is that even if the "legal position" is you are supposed to pay on Thursday, you can't because you don't have the money.

If I was in your shoes, I'd be frank with the staff and say -

• The situation is not my choice.
• The options are get paid via EFT on Friday (or Saturday if instant transfer is not available), or
• Get paid cash on Tuesday (assuming the work week is normal weekdays and given this is the Easter Weekend).
• If they normally work on Saturday, get paid cash on Saturday.

Thanks so much Dave. I am at work with my boss today and weekly wages are made up now and ready for the staff and they have been notified. One staff member is demanding we deliver his pay, other staff member who doesn't live far is coming g to collect and other staff member is stating pay him via ewallet dispite the fact mac ewallet per day is only R500.

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