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Non Payment of Salary

Question: My daughter works for a bookkeeping company in Rustenburg and due to the economic crunch has not been paid since the end of March. This is now the third month that she has not received her salary. She was told via an SMS to either stay at home or resign at te beginning of April, was then asked to go back to work and promised payment of her salary on the 4th May, did not happen. She was given R2000 two weeks ago and they still owe her R34000. She now has a bad credit record because she cannot pay her debt and she is too scared to go to the CCMA because she is scared of victimisation. She is the only outsider as this is a family business. Please could you give us some advise.

Answer: Firstly CCMA has no jurisdiction over non-payment of salary. All salary and remuneration matters are dealt with the Dept of Labour. At this stage, I don’t honestly believe that she should now keep quiet for fear of upsetting anybody. What’s right is right and I sure as hell would not remain silent if I am owed R34 000.00. I suggest she immediately contact the Dept of Labour and lay an official complaint of non-payment and short payment of salary. The Dept of Labour will then address the complaint with the employer and should her situation be valid, they will force the employer to reimburse all outstanding moneys and equally to pay her salary correctly moving forward. No employer wants, or needs, undue attention and investigations by Labour Inspectors.

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One Response to “Non Payment of Salary”

  1. Ashley Bhika says:

    remeber however, that the employees earnings plays a role as to whether or not the Department of Labour will infact have jurisdiction to prosecute the matter.

    Should the employees total monthly salary exceed
    R12 478.00 pm(R149735 pa) as per notice R. 300 in the Basic Conditions of Employment Act, the Department of Labour cannot prosecute the employer for non payment of salary. The reasoning behind this is that the Department of Labour deems an employee earning above the threshold to have adequate access to legal assistance without the intervention of the DOL. Therefore, the employee will have to make application to the Labour Court(via an attorney) to hear the matter.

    Note however, that the DOL may still refer the complaint to the employer on behalf of the employee, but if the employer refuses to co-operate, the DOL may not prosecute.

    Hope this helps

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