Question:

The Company that i work for gave a 50% salary without any prior discussion or notification. We either had to accept that or we were asked to leave, so i resigned. In my possession was stock of the company which I returned on my last of work. I waited to get paid from them now 2 weeks down the line after my stock was checked there is suddenly stock missing and they are not going to pay me.

I asked them why they didn’t pick it up on the day I left the stock there but only 2 weeks after that. This specific thing happened to another employee as well, she just left it. Now I have been notified by another college that they are conducting the same thing. I’m thinking of opening a case at the police because they are insinuating that I stole it.

Basic employment act S77(3) chapter 7 clearly states: Under the common law, an employer is not permitted unilaterally to change the terms and conditions of an employment contract with an employee, and if it does so without agreement, the employee would have the right to either abandon the contract or to sue for damages in terms of the contract. The prohibition on variation includes a lowering of the status of the employee and a change in the nature of the work he or she is required to perform.

A variation will not necessarily however amount to demotion, if it amounts merely to the re-designation of a job, even if the new designation indicates a lower status and even if the employee is called on to do work of a lesser importance than he previously performed, provided that the employee retains the same wage and comparable seniority. A change in the method of performing work may amount to a unilateral variation, but only if it changes the essential nature of the job.

Therefore a unilateral change by an employer is unlawful only if it amounts to a change in terms and conditions of employment. An employer is free to change benefits, such as loan schemes, special leave privileges or discretionary bonuses to which employees are not contractually entitled. Disregard by an employer of a binding collective agreement which governs terms and conditions of employment will also amount to a unilateral variation. Also in the Labour Relations Act S64(4), Schedule 7. No brainstorming to maybe see some relieve, it’s either a cut or you out the door. What do i to or where do I stand?

Answer:

Your quotation is correct, however, you should never have resigned as rightly they could not merely cut your salary by 50%.  By rights, there should have been a stock hand over with the stock being signed off and accepted.

I suggest that you contact the Dept of Labour and lay a formal complaint with regards to non payment of salary.  This will be your only recourse at this stage.  I seriously doubt that the SAPS will have any joy in dealing with this matter.

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