Unpaid for 3 months

[Thunder]

I signed a Learnership contract with a company called Sochin Technologies. The company has not paid me for 3 months.
I eventually took the matter to the Department of Labour, when they contacted the MD, he claims he was not happy with my performance, thats the reason he never paid my salary for 3 months.

He has never even given me a notice stating that he was not happy with my performance. Is this legal?

[Dave A]

What does the learnership agreement say in terms of payments to you?

[insulin]

On your contract it will point out to the amount you will be earning. If that amount was not paid to you then you have the right to complain to the CCMA but I must warn you that they are useless. Sadly I would seek legal help but this again will cost you a lot of many. This is what I hate about our CCMA because they are so incompetent this will end up slipping through the cracks again. Also next time around become a union member. They are not completely useless... Also if your boss had any problem with your performance the first question is did he facilitate you with training so that you can do your job better? Secondly was there a grievance placed against you? Thirdly did you receive any formal complaints against you? As far as I know, most legal companies’ first consultation is free but make sure of this when you walk through the door. Also have your employment contract handy. Shop around for a legal company that deal with labour laws. Lastly never sign anything if you didn’t read it first! Always asked questions... Good Luck. And remember that union is a good thing.

[Dave A]

Hold onto your horses there, Insulin. This is a learnership contract which isn't the same as an employment contract.

[insulin]

However on no contract may payment be withheld without legitimate reason. And yes it is a learnership contract thus it shows that the person is still learning the skill thus he or she will not be able to do it professionally yet... Also all complaints must be documented by HR and Management. However they always leave a back door open so that they can do with you whatever they want. My experience in these types of agreements is they will make you work but your work is never good enough! These people are unconstitutional by nature but they are not stupid by a long shot so it is best for this individual to take his contract to a professional and see what can be done legally. Then only based on an informed decision decide what the best form of action is. We do not have all the facts so basically it comes down to what was specified in the contract what the employer and employee agreement was at that stage. See things like that is an unknown. But you are a lot smarter than me Dave so please your insight will prove invaluable as always.

[Dave A]

This being a learnership, there might be a learnership allowance, or there might be an employment contract established. Even if there is a learnership allowance, it isn't always the employer who is responsible for this.

Point is we can't really guide Thunder without more detail.

[Thunder]

What does the learnership agreement say in terms of payments to you?

It's funny, because on the contract we both signed, it is stated that my employment can be terminated due to porr performance or operarional reasons.

Nothing about none payment if I don't perform.

[Thunder]

However on no contract may payment be withheld without legitimate reason. And yes it is a learnership contract thus it shows that the person is still learning the skill thus he or she will not be able to do it professionally yet... Also all complaints must be documented by HR and Management. However they always leave a back door open so that they can do with you whatever they want. My experience in these types of agreements is they will make you work but your work is never good enough! These people are unconstitutional by nature but they are not stupid by a long shot so it is best for this individual to take his contract to a professional and see what can be done legally. Then only based on an informed decision decide what the best form of action is. We do not have all the facts so basically it comes down to what was specified in the contract what the employer and employee agreement was at that stage. See things like that is an unknown. But you are a lot smarter than me Dave so please your insight will prove invaluable as always.

He only brought up the performance issue when I reported him to the Department of Labour. But I think they are not doing anything with my case. Do you know any good Labour Laywer I can visit?

[Thunder]

This being a learnership, there might be a learnership allowance, or there might be an employment contract established. Even if there is a learnership allowance, it isn't always the employer who is responsible for this.

Point is we can't really guide Thunder without more detail.

They way the contract is, he was supposed to offer me Job training and another company was responsible for the studies.

[insulin]

First try the following. Go back to the person and ask them what is being done. If they cannot give you an answer you have the right to demand someone else to work on your case. Demand representation and don’t take no for an answer. To be honest with you just ask the person that is representing you to give you the number to his or her boss. That’s what I did and it worked... But they will hate you for it! So I would love to say phone this person but I really don’t know anyone that’s why I persisted with the CCMA. However I am sure there is someone in your aria that can help you...

[Dave A]

Thunder - is payment structured as a learnership allowance or as remuneration(salary/wage)?
Is the amount specified in the learnership contract?