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Thread: Is this legal?

  1. #1
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    Aug 2016
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    Is this legal?

    The problem started like this:

    I am a governing body teacher. During 2015 I was paid from School funds as normal.

    However, in December 2015 a government subsidy opened through which the government back-paid the School for a vacant temporary position. The school asked me to take this position in order to get onto the government system. Since the government contact period had already come and gone, once I was on their system they immediately paid out for the previous 5 months.

    At the time the School asked me to deposit the paid out money back into their account, however after they received advice on the tax implications they put the government money back into my account. The agreement we reached was that this money would go to pay my salary for the first 7 months of this year, after which the School would then resume paying me as a governing body teacher.

    1.) It doesn't look like my UIF has been properly paid during the last few months. This is a bit worrying if they ever do a check.

    2.) Since the tax cycle shows that I was paid extra during the 2015 period I have had to pay the excess. Is the school liable for this?

    3.) I am a bit confused around my pay rate since the DoE paid me for five months as a substitute teacher, however since this is being taken as an advance on my salary it is being calculated over seven months. If I was technically a DoE employee during this time shouldn't my salary have resumed after five months?

    Thanks in advance

  2. #2
    Site Caretaker Dave A's Avatar
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    May 2006
    Durban, South Africa
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    It's hard to blame the school for taking unusual steps to get benefit from the funds it seems it might have had an entitlement to, but what you report does look... rather irregular.

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