Question:

I started with a company on the 1st of July 2009 on the 30 August 2009 I tendered my resignation given them one months’ notice ,On the 3rd Sept i was ask to leave immediately , My question is as follows .

re the company supposed to pay me for a full month ,or just for the three days that I did work during my notice period ,secondly my leave pay and provident fund contributions are due to me ,what/when are the company supposed to reimburse these monies?

Should I rather report them to CCMA as today the 1st October these no monies have been paid to me. The Company do have all my details and banking details, or is this a ploy just to frustrate me, maybe you can advise me on my rights in this matter?

Answer:

If your resignation has been accepted on one months’ notice they may ask that you leave sooner but they would then have to pay you out for that period. By law, leave pay must be paid out.

You would have to complete a Provident Fund withdrawal form with regards to these monies. The CCMA has no jurisdiction over salary issues so I suggest that you contact the Dept. of Labour and lay a formal complaint for non-payment of salary and leave.

The Dept. will ensure compliance from the Company. Contact the Company and request that an immediate provident withdrawal is completed and submitted to the fund. This money can take anywhere from 4 to 6 months to pay out.

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