Do you need further help

with problems at work?

   JOBS

 

  
Home    Advice  
 
Labour Protect Advice Forum -> Labour Protect Advice Forum -> Unpaid Salary - Forced 24 hour resignation
Post Info TOPIC: Unpaid Salary - Forced 24 hour resignation
Anonymous

Date:
Unpaid Salary - Forced 24 hour resignation
Permalink   
 

Good Day, 

Employee who is permanently employed at a company, has still not been paid her salary for the month of April - to date still unpaid. After numerous promises of payment from her employer she has now been forced to seek alternative employment. She has now been offered a job and will be starting within 24 - question remains, would under these circumstances 24 hours notice  affect any subsequent claims on the employer for breach of contract when going to the DOL to lay unfair labour practice claims / charges? 

Formula for calculating daily salary due for month of May: = x/21.67 = daily rate? Multiply by number of days worked? Including or excluding weekends and public holidays? 

Thank you in advance, we just want to be 100% sure if we are correct before proceeding. 

Regards 



__________________
Anonymous

Date:
Permalink   
 

You can refer an unfair dismissal or unfair labour practice even if you have found a new employer. Just be certain that there is no restraint of trade clause in the employment contract - even in cases of unfair dismissal, the restraint may still apply.

 

The quantification of outstanding salary seems fair but can differ based on company policy/contractual terms. One only counts the number of days that would have been worked, not public holidays or weekends on which the employee didn't or wouldn't have worked in any event.



__________________
Labour Protect

Date:
Permalink   
 

Good Day

First, the 24 hour notice period will not affect the complaint lodged with the department of labour regarding non-payment of unpaid remuneration due. Furthermore, there is a set procedure as to how much notice must be given regarding resignation, non-compliance my open an employee up to a law suit by the employer, however in practice this is very rarely done.  

secondly regarding the formula you have provided could you please clarify what is is that you are asking. To my understanding anything regarding remuneration should be addressed in the contract of employment. 

LP



__________________
Page 1 of 1  sorted by
 
Labour Protect Advice Forum -> Labour Protect Advice Forum -> Unpaid Salary - Forced 24 hour resignation
Tweet this page Post to Digg Post to Del.icio.us