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Post Info TOPIC: Outstanding Salary / Not Paid
Angry and broke

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Outstanding Salary / Not Paid
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In August 2010 I was seconded from where I was working (an arm of government) to another arm of government in a more senior position. I was told that I would be paid an acting allowance until such time as the position I was acting in would be advertised and all the processes followed. I was a permanent employee where I was working and I cameĀ  across on the understanding that I would be permanent here as well.

Instead there was dispute between my old employer and my new employer and my old employer terminated me on their system which meant that I did not receive a salary, have benefits or have medical aid. Meanwhile the new department was also not paying my salary because (they said) the old department refused to sign a letter of release. MY old department owes me about R30k in benefits and about R400k in my pension.

The old department was paying my salary on the understanding that the new department would reimburse them. The new department not only did not pay the old department the monies due them but they also did not pay me either. I am due over R100k for three months service I provided while they were wrangling. They eventually appointed me in another position on contract basis in November 2010.

This means that not only do I no longer have the security of being a permanent employee but I am also losing out on the pension, medical aid etc. The old department continues to hold my benefits and pension ransom on the basis that they have not been paid their monies.

How do I get me benefits and pension from my old employer?

How do I get the three months salary not paid from August - October 2010 from my new employer? They say they could / can't add me to the system but I have nuerous correspondence and appearances on radio and tv on behalf of the department as well as signatures on a number of legal and financial correspondece over that period to show that I was employed there but still I am struggling to get my due.

How do I get them to appoint me permanently as this is what I was promised and what I was removed from to come here?

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Labour Protect

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You need to contact the Dept of Labour immediately as it alone deals with the payment of salaries owed to employees by their employers.

You need to institute a grievance (in terms of a breach of contract / unfair labour practice) against your current employer regarding the matter of being made permanent. If you have reached a verbal agreement with regards to the aforementioned and you are able to prove this by calling in witnesses, this will better / increase your chances of success (however this is not always guaranteed).

Should the grievance process fail, you may then take the aforementioned matter up with the CCMA and claim breach of contract which amounts to an unfair labour practice (verbal - promised to make you permanent) and again, proof in this matter is vital.

Another option that is available to you, albeit more costly, you may initiate civil proceedings against both your previous and current employer for the non - payment of benefits / loss of income / non - payment of salaries and so forth.

Enlist the services of a reputable attorney and or firm and if you do not have the funds, approach the legal aid clinic in your vicinity or a pro bono attorney who may well, should your case be successful take a part of your earnings to cover his own fees.



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Anonymous

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Thank you so much for this assistance. I will follow every route suggested and see what happens. Thanks again

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Anonymous

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My name is Grace Makombe im a 32yr old female residing on the Cape.flats. employed by a company Mazana trading cc that got a tender from the City of Cape Town.We do solid waste.I signed a year contract on 01/02/2017. My basic salary is R3300pm. I have 2complaints:The 1st one is as follows On Thursday 1June 2017 an incident happened on my way to work.I was walking with my supervisor and 2work collegues when a lady that work for EPW(solid waste) confronted me with a spade in her hand,swearing and shouting at me,the lady wanted to fight with me,but my supervisor and 2colleagues stood between us to prevent her getting to me My supervisor send me and my co worker home,because of the way that EPW worker went on,swearing and stuff.My co worker was the one that tried to intervened to prevent that lady from hitting me with a spade.They send us home,but the lady that started this Incident and who was still swearing infront of the wardcouncillor wasnt send home 30min aftermanagement of mazana trading with my supervisor arrived at my house to hearwhat.happend,The Managers(Trudene & colleague) got out of their vehicLe and started to question me right there in the road in the public, told them,my supervisor was with me when that lady confronted me and when this incident happend.They asked me to call my co worker(the one that was send home with me)The management told us that we are suspended without pay until they set a hearing date.And they said we might be dismissed. How can they dismiss me,I didnt do.anything wrong,I was being attacked,but im being punished. They didnt do anything to the person responsible for this entire incident,the one that confronted me insulting and swearing at me is still in her job working,while im at home suspended,I was suspended for 4days unpaid on.the 5th day my Manager Trudene van Noie contacted me via whatsapp asking me to report on duty the following day,I was under the impression that the Disciplinary hearing was also going to happen,but there wasnt a hearing,before tea time that same day the managers showed up at work,They spoke to me and my collegue we had to sign warnings also,and 4days unpaid. The 2nd complaint is as follows Happend 25/10/2017 payday My basic salary is R3300pm.But ive never received the full amount of my basic salary,Last month I was absent from work once and came 30min late on one occasion,they deducted almost R500. Last month 2weeks before pay day,a relative of mine passed away suddenly and wasnt in a funeral policy.I asked my boss to help me with a R2000 loan,and I also asked him if its possible that he can deduct it in 4parts wich he did not respond to.He borrowed me the money,on payday I noticed that he didnt deduct anything,Our salary was paid into my account today and they deposited only a R500 into my account.WhenIquestioned my boss he said he took the entire amount at once.Can he do that?He took my entire salary without informing me.When he gave me the loan we didnt sign any agreement or anything according to management we suppose to work 22days in order to get the basic salary of R3300,I was absent from work,but I handed my proof in as to where I was on the 3days I was absent,but they still made it unpaid,If you check my timesheet it states 3days unpaid but I have annual leave days due,yet it states that they only paying mefor16days.They deposited a R500 into my account, R2800 was taken from my salary,without notifying me and without my permission.They only deposited R500 into my.bank account. I just want to know the fact that my employer took almost my entire salary isnt that against the labour law,Yes he gave me a loan,and I know he must deduct his money,but his not allowed to take 90% of my salary. And I didnt give him permission to deduct that amount of money from my salary.Why should I apologise and beg for my own money,money ive worked hard for? Howlong should I wait for my boss to respond to my matter?As an employee I have rights,but most importantly I have humanrights.I am the bread winner in our house,My parents are both pensioners and I have a 10yr old child thats depended on me. Our company got a 3yr Tender from City of Cape town. I started with employment on 01/02/2017 and signed a year contract,my contract ends on 31/01/2018. But I also have a letter that I got from my employer that states im permanently employed at Mazana trading cc

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