Results 1 to 3 of 3

Thread: Once a payslip is issued can it be recalled and changed, and an employee paid less?

  1. #1
    New Member
    Join Date
    Dec 2020
    Location
    Cape Town
    Posts
    1
    Thanks
    0
    Thanked 0 Times in 0 Posts

    Once a payslip is issued can it be recalled and changed, and an employee paid less?

    QUESTION:
    Our employer has issued payslips for 40% of our salary (part of an agreement, see below) but it telling us to ignore those, that they overpaid us last month and recovering that from this month's payroll, reducing us to an effective 17% of our salary with only informal (whatsapp) messages and no formal communication. Do they have to honour the payslip for this month?

    BACKSTORY:
    After a difficult year and some very accommodating employers (give the circumstances) my employer negotiated with us as staff an agreement to pay a TERS related amount, pending the successful outcome of a TERS application, and if the application wasn't successful we agreed to a collective payment reduction of 40%.
    The employer applied immediately in August and expected a 30 day turnaround. THe fund asked for additional documentation which they only supplied mid-November, at the same time we were sent a formal letter after the beginning of November that despite continuing to pay the amount agreed expecting a successful TERS application for September and October, from November they were going to put us on 40%. We did not fight it, however a few days later our payslips arrived at the full TERS expected amount (not the 40%). No follow up communication at all despite pointing out to my immediate superior what had happened. Yesterday we got a whatsapp message from a superior indicating that we were overpaid in November, we should have only received 40%, so they would deduct that overpay from Decembers payroll. No formal notification at all. This morning my payslip arrived at 40%. When raised with the HR administrator they said we should ignore our payslips. So, my question is, once a payslip is issued, does the company have to honour it? I know they can deduct overcalculations, but surely there is some level of formal communication and engagement required around this? Any advice/answers?

    Thanks

  2. #2
    Diamond Member
    Join Date
    Mar 2010
    Location
    Cape Town
    Posts
    6,329
    Thanks
    426
    Thanked 978 Times in 795 Posts
    I can't see why they have to honor it - what happens if a computer glitch adds 3 zeroes to every payslip - or HR forgets to add your S&T to your payment (will you complain if they give you a new payslip with a higher amount)

    ....but then, this is only my 20c worth...

  3. #3
    Platinum Member sterne.law@gmail.com's Avatar
    Join Date
    Oct 2009
    Location
    Durban
    Posts
    1,332
    Thanks
    38
    Thanked 566 Times in 413 Posts
    Blog Entries
    7
    An employer may recover any overpaid monies or similar.
    Fairness works both ways. If I underpaid someone they expect and are entitled to the correction.
    No person can become unjustifiably enriched at the expense of others.
    How a company handles such a situation is its own issue. Not surprising the team and even allowing time to repay (or recover).
    Anthony Sterne

    www.acumenholdings.co.za
    DISCLAIMER The above is merely a comment in discussion form and an open public arena. It does not constitute a legal opinion or professional advice in any manner or form.

  4. Thanks given for this post:

    adrianh (08-Mar-21)

Similar Threads

  1. Replies: 5
    Last Post: 29-Apr-15, 02:11 PM
  2. Bursary paid to employee for studies
    By J7J in forum Tax Forum
    Replies: 5
    Last Post: 20-Feb-14, 12:15 PM
  3. [Question] Employee resignation while on paid maternity leave
    By Sasha in forum Labour Relations and Legislation Forum
    Replies: 4
    Last Post: 22-Jan-14, 12:39 PM
  4. [Question] Medical Aid Paid to Employee as Allowance
    By Subram in forum Tax Forum
    Replies: 2
    Last Post: 30-Oct-12, 06:46 AM
  5. [Question] Medical expenses paid on behalf of an employee of a cc
    By Imp in forum Tax Forum
    Replies: 1
    Last Post: 30-May-12, 12:28 PM

Tags for this Thread

Did you like this article? Share it with your favourite social network.

Did you like this article? Share it with your favourite social network.

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •