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My employer has tied me in with promises that never materialised. Ive not been paid for 7 months. Im thinking of using a civil action. Can one garnish the employers earnings from a client?
Can someone assist with guidance?
Can one enforce the client to revel the legal contracts with the employer?
It can get quite complicated, as seen here. I'd suggest scan through the Labour Relations forum to see if there's something close to a fit to your circumstances, and ask on that thread.
Im am really sorry to hear that you going through something like this, believe me i understand how you feel, i have been through it. The best would be to go and see a labour lawyer to get your income from the company. I do not know what the situation is as to why they have not paid you but every situation is different. The company i worked for owed me 4 months salary plus my package as they retrenched everyone, to date i still have not recieved a cent for the reason the Company liquadated themselves, which just made it easier for them to say they dont have the money. You can go to the CCMA, but all that they do is send a piece of paper demanding the money and that is where it stays. I know that a labour lawyer is costly, but go for one consultation, ask them all the questions you have and then you can make your decisions.
I hope that everything will be sorted for you.
Regards
Unpaid salary is a labour department issue - good luck.
You can sue in a civil court.
There is breach of contract.
You can follow a constructive dismissal route - but there are some procedures to follow.
In terms of if a company liquidates as per LMK electrical - you need to take the claim to the liquidator - you will be a preferential creditor.
After 7 months I doubt the employer will pay you. Get a lawyers letter of demand to them and start looking for another job.
Anthony Sterne
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