[Question] Dismissed without warning

[kenhkph01]

I received a lawyers letter from my employer stating that the company was in financial difficutly and i no longer work for the company. I have also been denied communication with the owner, have been barred from entering the premisis and my not accept any money on behalf of the company or have access to the company bank accounts. I worked for the company for just over 5 years. Have been getting a salary from the company in fact got a increase in august but was never paid the increase. no warning signs no conflict nothing just out of the blue i got this letter from his lawyers. I have the CCMA case on the 13th december 2012.
I have gone for unfair dismissal and no procedure followed. going for max benefits.

I have also discovered that he has not paid my uif deductions and i an battling to get my ui19 form. I have also discovered that he has not paid over my Paye to SARS. He in fact has not registered as a PAYE vendor with sars. the business is registered as a cc. he has subesquiently moved the company into a new name and cc with a new owner.

can anyone advice me on what to do

thanks

Ken

[adrianh]

How do you work for a company for 5 years and not know that your tax affairs are not in order?

[tec0]

I would imagine that you never got any documents from them to hand in at SARS again this is not your problem fact is if he/she had a business going and didn't pay tax then your employer are in serious trouble. Mention this when you have your CCMA hearing because the company are responsible for taking TAX from your pay and give a document that you must hand in every year.

That said did you ask for such a document? Was there other arrangements made? If so let them explain it in the hearing. Also you can go to the Department of Labour and ask for a investigation.

But in all honesty seeks some expert advice.

Good luck to you

[adrianh]

You aremresponsible for tax. You have to ensure that your tax affairs are in order.

[tec0]

You aremresponsible for tax. You have to ensure that your tax affairs are in order.

Depending on agreement and contract. If your pay is beneath the tax requirement then you don't need to pay it. Regardless of that the employer is still responsible to do a deduction for UIF if I am not mistaken. Again rather get professional help.

[kenhkph01]

thanks everyone for the advice. My tax affairs are in order its is just the 2011 2012 and now this year to the 26 october. I have reported this to SARS and they seem to be unsure on what to do. I need my IRP 5 to complete mt taxes year 2011 2012 but have now got extension so i can get my IRP 5 form.

I am seeing a SARS inspector this week but would appreciate it if anyone has a chanel i can turn to to resolve this issue fast. the company has not paid SARS from May 2011 that is whn i became eligible for tax. the compny has been deducting according to my sal slip but he necer registered with SARS as aPAYE vendor.
I dont have a written contract???? is this going to be a problem at the CCMA .

I have gone to the dept of lavour to get them to get my UI 19 form. He has not paid over UIF but has registered the company

SARS will assses my taxes on the pay slips and bank statements but i have money owing to me by SARS and they will not pay out unless i submit an IRP 5

thanks all the info and advice will assist me at the CCMA.

thankyou
Ken

[tec0]

I dont have a written contract???? is this going to be a problem at the CCMA .

You have been working for 5 years or so are my understanding this makes you a permanent employee. Now it doesn’t really matter if you don’t have a contract. What most employers fail to realise is this type of practice gives the CCMA the ability to work with their default sections of the law. It is always better to have a contract for both the employer and employee.

The Payslips proofs your employment allows the CCMA to do their job. My experience is that they don’t mind that your contract was a verbal one.

As for SARS I am sorry to say that you will have to deal with them on their terms and speed. Unless someone else can help you… Best of luck to you.

[Dave A]

You can certainly press on the 2012 IRP5 issue - that should have been issued already.
Great to hear you've got payslips to support the deductions, and I'd suggest the meeting with SARS is the next logical step.

Claiming unfair dismissal at the CCMA also sounds like a good step. Hopefully it may lead to more disclosure on exactly what is happening to the CC that was your employer. My greatest concern would be that the owner/s are trying to "just let it die" without it being formally (and properly) wound up.