By the time the complaint is heard, the staff will be paid. A complaint to DoL / CCMA should only be a risk if this is going to be an ongoing problem.
If you are going to have them report to work, you are going to have to pay them for their attendance. There are a number of other reasons why I would suggest this approach would be a bad strategy anyway.
The starting point of your legal obligation is the employment contract, and past practice.
Your real problem is that even if the "legal position" is you are supposed to pay on Thursday, you can't because you don't have the money.
If I was in your shoes, I'd be frank with the staff and say -
- The situation is not my choice.
- The options are get paid via EFT on Friday (or Saturday if instant transfer is not available), or
- Get paid cash on Tuesday (assuming the work week is normal weekdays and given this is the Easter Weekend).
- If they normally work on Saturday, get paid cash on Saturday.
Originally Posted by Dave A
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