Originally Posted by
Greig Whitton
Failing to register her for UIF and PAYE (assuming he was required to do so) constitutes unfair and unlawful labour practices. Her recourse is to approach the CCMA.
I don't know whether she can apply retrospectively or not (I assume she can't), however, the CCMA ought to advise and assist with this as well.
Again, CCMA. The obvious challenge, though, is proving that she actually worked those days (especially if he denies that he ever employed her in the first place).
Legally, she was an employee - it doesn't matter whether she received pay slips, or even whether there was a documented employment contract. Her recourse (yet again) is to approach the CCMA. Unfortunately, as with question 3, she faces the challenge of proving that she actually worked for him. If she was always paid in cash, then there won't be a money trail. Hopefully she has some evidence of her work (e.g. emails; business documents; testimony from customers or other employees).
If her boss has transferred his business to his wife as a going concern, then his wife's new company will inherit all of the employment obligations and labour liabilities that her husband's business incurred. That means that your neighbour, legally, is employed by the new company.
If her boss closed down his business and his wife his started up a completely new business, then the new business would not inherit the employment contracts of the old business. However, her boss would be legally required to complete proper retrenchment proceedings. Assuming he doesn't, he will be committing an unfair and unlawful labour practice, and your neighbour can take him to the CCMA for recourse.
Long story short: tell your neighbour to go to the CCMA and, hopefully, she has some evidence of her employment.
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