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Thread: Unpaid salary

  1. #1
    Full Member smithers's Avatar
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    Unpaid salary

    Hi all

    Been a while since i last posted, things where going well until 1st June!!

    My employer has not paid my salary even today being the 9th June. I had money stashed aside for the rainy days, yeah, its been raining a bit in the Cape.

    So in short, i was told by my employer how sorry he was, blah blah, he said he would pay me late, i accepted, nicely, stupid move. Now still no money paid, and i have to go ask everyday where we stand. Still today he is sheepishly not wanting to engage.

    My question to you know it alls...

    1. I need to send a letter outlining the situation of no salary paid, yes?

    2. Stipulate when is a cut of date of salary being paid, yes/ no?

    3. I have all the float and keys to the shop, but im not the guy that holds him ransom, i think this opens to many legal pitfalls for me, ie theft etc etc.

    4. I think he is creating a constructive dismissal scenario for me, i may live 5 minutes walk from the shop, but why should i really inconvenience myself in the wet weather in the hope i may get paid... whenever that may be.

    5. I hand in my resignation and walk out the same day, can i do this, due to the situation if there is no written date of salary being paid?

    Also we take in cash in the shop, no offer of any part payment to me or anything of the like to make my situation better.

    I can go to the Labour Department, but i dont hold much faith, i think the employer can just move the goal post everyday anyhow?

    As it stand i think im up the creek with a sinking situation, and an employer that does not respect me, as in front of me he asked another employee how her late salary will be paid. I am the last to be left waiting and hanging. Charming, must have learnt that special MBA school.

    Any ideas or input on what is my best way forward.

    I think i should give a letter of demand stating a date of payment, subject to no payment i am forced to resign due to constructive dismissal ( may be hard to prove).

    He has had a month and 9 days to make plans....

    Appreciate the input peeps, anyone have a template letter that can be used for my situation. I am likely not be very kind in wording at this point!!!
    Last edited by smithers; 09-Jun-18 at 01:40 PM.

  2. #2
    Full Member smithers's Avatar
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    Hi all

    I drew have drawn up the following letter to the employer


    Dear
    I am writing this letter in regards to my employment contract salary in the amount of Rxxxx owed to me. I request that payment be made in full five business days from the date that this letter is received.

    If a payment or payment arrangement is not made by this due date, I will have to assert my employment rights as per the Department of Labour or legal option available to me.

    If you believe that the amount owed is to me is different than the amount described, you are required by law to pay me the amount you believe is owed to me. The reason for the amount paid should be included with the payment.

    Please send the payment to my attention at the following address.

    Sincerely,

    pi55ed employee

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    Is it only you or other employees also that have not been paid?

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    Full Member smithers's Avatar
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    I am the only employee unpaid

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    Full Member claassenattorney's Avatar
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    Hello Smithers,

    First of all, tell me whether you are alone who is not paid or all the employers are not paid? If you are alone, might be your employer are thinking to dismiss you on the grounds that you had not gone for work when it was raining. Though, you stay just 5 minutes away from the shop. However, this is not so valid reason. On the other hand, if all the employers are not paid, send a letter to the employer regarding this situation and ask for the reasons. If these all do not work, send a legal letter by taking help from a lawyer or visit the Labour department.

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