Half salary and no payslips

[Cornell]

Hi all
I am working as artisan at a quarry, i have signed a contract with the employer as everyone else but my work turned out to be not exactly what i was employed for.
I was given a huge project which i completed under 3 months just before i have completed my probation at the company.
I have learned that all the other employees are on the thumb print clocking system whilst i am just on normal clock cards. In the 3 months that i am with the company i have not once receive a single payslip, I have received 1 week's salary for the whole of December's work and in January i received a salary equal to 2 weeks.

End of February has passed and i received only monies that were short paid to me in January, my salary for February remained unpaid.
I have questioned this with the management and i was assured that there will be 2 payments made to my bank account end of February but received only one payment.

I was also informed that i am employed on a cash basis and therefore i will not receive any payslips. My contract does not stipulate that i am employed on these conditions. I have no idea what deductions were made or the amounts of monies due to me. I have calculated roughly that my employer currently owes me around R 48000, 00. It is not that they cant afford me or having cash flow problems, their turnover is roughly R 1,5 million per month

I am also the only employee they treat this way. I must also ad that since i have finished the project the behavior of my employer towards me have changed to a state that we do not communicate as we used to, at recent times after completing the project he will not reply to my mail regarding my unpaid and short paid salaries.

Is there anyone that can help of have some knowledge is situations like these or similar?
I am planning to resign due to these conditions and battles i have to go through.

[AndyD]

Have you spoken to the CCMA about this? I'm not a labour law expert but as far as I know it makes no difference if you're paid cash or transfer or even cheque, you're still legally entitled to a payslip and the employer is legally bound to give you one every time you're paid. It sounds to me like there's something fishy with the different clocking in method so go speak to the CCMA.

As far as your scope of works and job description goes it's difficult to comment without knowing the details of your employment contract. Do you have a copy of the contract?

[Cornell]

Good morning, no i did not receive a copy of it at all. I am employed as a Qualified Boilermaker (Metal fabrications) only.
It is also expected by my employer that that i perform duties in the following disciplines for which i am not trained to do
1. Qualified Mechanical fitter
2. Qualified Rigger
3. Qualified Welder
4. Qualified Plumber

[newBix]

Good morning, no i did not receive a copy of it at all. I am employed as a Qualified Boilermaker (Metal fabrications) only.
It is also expected by my employer that that i perform duties in the following disciplines for which i am not trained to do
1. Qualified Mechanical fitter
2. Qualified Rigger
3. Qualified Welder
4. Qualified Plumber

You have a legal right to your contract and the contract is e legal document. If they are withholding your contract that is illegal. You can ask for a copy. I would think you must go and talk to these people first
ccma and Department of Labour

[KristiKat]

You have a choice to either go to the department of labour yourself or get an attorney to speed up the process.

[KristiKat]

If the breach is material, the employee may claim damages. Provided it is a material breach, the employee may also cancel the contract of employment.
The employee may also claim specific performance. This was seldom granted in the past but is now considered an option.
Finally, the employee may refuse to work, withholding labour until the contract is performed.

[Cornell]

Accommodation is with the employer which is included with the package of my contract including meals. Should i perform an action of withholding labour or take this up with CCMA or Labour court due to any reason whatsoever i could face some serious complications of being fired and evicted from the premises of my employer. I have seen similar actions being taken by the employer in recent past. I am originally from Cape town and we are based here in Idutywa in the former Transkei

[Alice Rain]

I asked an 'Inspector' from the Labour Department, why IS THERE A LABOUR DEPARTMENT? Because my ex employer broke all the rules, but still they cannot do anything. They want me to run around, getting evidence for them? I don' have the means to do so. I am sure thousands of people either get paid less, or wait for wages, don't receive payslips and the list goes on. People are so desperate for their jobs that they just take all the crap dished out. If I could afford an attorney, I would go that route. All the best.

[Cornell]

I have recently heard that the local CCMA is on my employer's payroll, i decided that i will go to CCMA not in Butterworth but in East Londen and do my thing from there, then the question arises if i shouldn't rather appoint a independent Labour Law lawyer? What are the odds? I will have to pay that lawyer indeed but my chances on getting a fair ruling will be so much better i think.

[KristiKat]

I don't think it is necessary to go to another CCMA,

there is no such thing as an independent lawyer in LABOUR LAW cases,

the CCMA will appoint a facilitator that can see if they can settle the matter between the two of you - yourself and the employer,

to make him pay you before going to the LABOUR COURT as a last resource.

contact the department of labour or get an attorney to do it for you.

butterworth - 012 1220197

i believe the function of your attorney would be to speak to the facilitator that acts as a arbitrator in Labour disputes.

to state your side of the story.

You can ask the labour dept if legal presentation is necessary...

We do however in practice see that whenever people go for arbitration they are accompanied by their attorneys during the "quasi-trial" and procedure.

[KristiKat]

with what i mean that there is no such thing as an independent lawyer in labour disputes

- is that your EMPLOYER does not have a LAWYER there stationed on his beck and call at the labour department.

that they will only appoint an objective PARTY or facilitator (functioning as arbitrator) to settle the case between the two of you....

You and he both can however separately appoint council or legal representatives that will intervene on your behalf with the facilitator appointed to your case.

what do you mean the ccma is on his payroll?

[Dave A]

what do you mean the ccma is on his payroll?

+1

[Cornell]

Okay i got some legal assistance to help me with my work issues, since my last posting i submitted a grievance to my manager with all my issues, a month later non of the issues were solved. My employer also refused to pay my over time for 2 months now.

I suspected that there is corruption in the Butterworth CCMA, i was correct. I found the name of the inside person and found out that he was directly connected to my manager and also found out how the operate, i informed my legal adviser about it and at the same time i have reported this person to the CCMA fraud hotline.

My legal adviser pointed out to me that my resignation that were based on my grievance that were unsolved were to be an constructive dismissal, i also have a further case of unfair labour practice and unfair discrimination.

My legal adviser is based in Cape town and has referred me to someone in East London that is busy studying to become a Commissioner for the CCMA to handle my upcoming case with CCMA and is therefore guaranteed that there will be no corruption of any kind and a fair judgement will be made

Here is some useful contact details if anyone should need it:

1. CCMA Fraud Hotline
Blow the Whistle! Call the CCMA Fraud Hotline

Tel: 0800 63 63 63

Fax: 086 5222 816

E-mail: information@whistleblowing.co.za