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Thread: Recourse for salary not paid by employer?

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    Angry Recourse for salary not paid by employer?

    Perhaps someone can help me? I worked for this company for 9 months last year and was retrenched on 30/11/09 due to the company not performing as expected (a new company, 2 years old). I wasn't the only one retrenched, but the rest of the staff were in more junior positions. I am still waiting for my December salary (2 weeks notice pay). It was promised 31/12/09 and then every week or so when I enquire there's a story about lack of cash. Was promised the end of Jan but today I hear it is unlikely. Before I left I typed up a retrenchment document where my boss signed stating that it would be paid by no later than 31/12/09. The business is still in operation as the remaining staff are getting paid and the main creditors are obviously getting paid for the business to providing its service to their clients, which they are doing on a daily basis.

    Sorry the long winded version, but I am so desperate. Any help will be appreciated.

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    Platinum Member sterne.law@gmail.com's Avatar
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    You can try Department of Labour, but they are seldom successful. Perhaps a strongly worded letter should be attempted before embarking on a course of stronger action. In addition to your notice he owes you leave pay.
    I might be reading between the lines but it seems the employer did not proceed with correct retrenchment procedures, which may be the stick or veiled threat to speed up the payment process.
    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.

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    Email problem daveob's Avatar
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    Personally, I think I would go straight to my lawyer and have a letter drafted and delivered to the company owner/s. That way, you send out a clear message that you do not intend to drop this and will not accept repeated excuses for delays. Let them know you're serious, and they just might start to take you serious.
    Watching the ships passing by.

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    desA (25-Jan-10)

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    Platinum Member desA's Avatar
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    Quote Originally Posted by daveob View Post
    Personally, I think I would go straight to my lawyer and have a letter drafted and delivered to the company owner/s. That way, you send out a clear message that you do not intend to drop this and will not accept repeated excuses for delays. Let them know you're serious, and they just might start to take you serious.
    Sound advice. Perhaps penalties could accrue for late payment against promise?
    In search of South African Technology Nuggets(R), for sale & trading in South East Asia.

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    Thanks for the advice.....I think the next course of action is a strongly worded letter from labour attorney. I incurred some missed debit order bank costs as well which amount to about R1k which I should add on.
    Thanks again
    C.

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    Platinum Member desA's Avatar
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    All the very best & I really do hope that you get the matter settled. Please let us know how it goes.
    In search of South African Technology Nuggets(R), for sale & trading in South East Asia.

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    Debit order costs of R1k? Seems high.

    Well I am not a labour lawyer, simply put you should go to CCMA and file for late payment.

    CCMA check the business' solvency and merely instruct to pay within 7 days.

    If however the business is genuine in the kek and there is no money, all the employer does is respond with a plan.. ie he says, I will pay you by 31/3/2010. The CCMA generally accept this then follow up to make sure it happens.

    This doesnt seem to be the case since the business is still going on.

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    Would suggest looking at a implementing a commercial Lien against the directors personal property. Should assist in getting your money very quickly

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    debit order returns are R115 per debit order returned...R120 honouring fee...at standard bank

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    Site Caretaker Dave A's Avatar
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    Quote Originally Posted by Amado View Post
    Would suggest looking at a implementing a commercial Lien against the directors personal property.
    The director's personal property? An employee could do that?

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