Horrible Bosses - Please Assist

Dexonite

New Member
Joined
Jul 21, 2016
Messages
2
Hi Everyone,

I'm having serious problems at work and I'm losing sleep, the frustration is killing me.

I have used the search function on the forums but could only find posts that seem a bit dated and none fit my problem.

Where to begin?

I work at a manufacturing company in a small town that has been tanking since September last year. It is a family business that took up a contract that is now most probably going to sink the company.

I've been applying to any job I can find but no luck so far. I have really gone out of my way to help the company survive as I fill about 3 or 4 positions and have been told many times that I am a critical part of the operation as I practically run all administration.

My problem is that I have not received my salary on time since January, my credit record is now useless and I don't even qualify for a temporary loan from the bank. My employment contract stipulates the last working day of the month to be my pay date but this is not being adhered to.

I've explained my situation to my employer and he said that he understood and paid my April salary on time. At the end of June he did not. There was no warning or explanation and when I confronted him on the first he said that there was no money to pay anyone but later that day he gave massive advances to some of the more specialized contracted welders. I acted like I did not know about it and asked him again about my salary and he promised that if I came on the following day, a Saturday and also my off day, he would write me a cheque for my salary. I immediately phoned the bank and asked how long it would take to clear and they told me 10 working days. So I chose to ignore it and on the Monday wrote him a friendly email in which I demanded that he pay my outstanding salary within 24 hours otherwise he can view that letter as my resignation. I also asked that they confirm that my UIF and Provident Fund was up to date.

My salary was paid to me about an hour later after my employer and his son (shareholder) gave me a really hard time. The son even threatened to assault me :wtf:

Things have been really hard at work, the atmosphere is awful and I feel like I'm being treated like a traitor. Worse is that the other employees only got paid on Monday the 18th, I think. I've since been told that there is no money for salaries this month, hell even my printer has no paper at this stage.

So far I've consoled myself with the fact that at least if things go further South I at least have my UIF and Provident Fund to fall back on and I am sure I'll be able to get back on my feet. I had a meeting with the Department of Labour on the 11th and the guy, Freddie, promised that he would check out my UIF and get back to me and also arrange a "random" DoL inspection on the company. I was not sure how to feel about the inspection as all hell would break loose if they had to suspect I had anything to do with it.

I never heard back from Freddie and was told he's on leave. I decided that I could check out my UIF and fund myself and started making calls, calls that have absolutely scared the hell out of me.

Turns out that the company has been deducting UIF from me for the past 5 and a half years but never registered me to begin with, I could not believe it and thought it must be some mistake so I called again to confirm and got someone else to phone on my behalf a third time as I was in the office. Nope, not registered. I then phoned my Provident Fund, which has also been deducted from me every month just to hear that the last payment was made in March.

I was told by UIF to get my employer to register me as soon as possible. Provident told me to get my employer to pay as soon as possible.

I don't know if I can rely on the DoL to help me and I know my employer will avoid retrenching me at all cost. I guess the CCMA is the only other option but I figure that process would take quite some time to complete and in the mean time I have to pay rent and the bank will not let up until I have either a retrenchment or constructive dismissal ( I have unemployment insurance on my debts). My other concern is for my co-workers, what will happen to them?

Sorry for the huge post, I guess I'm venting in a way but would really appreciate if you guys could share any experience or advice.
 

*Medusa*

Well-Known Member
Joined
Aug 5, 2010
Messages
396
Aweful situation to be in. I suggest consulting a labour lawyer ASAP for the correct legal advice to follow. Your company sounds like they are heading to a bad space and if they have no money to pay, then they have no money to pay.
 

berrypi

Senior Member
Joined
Dec 12, 2012
Messages
548
bro. GET out ASAP, while they still have some operating cash, get legal to extract that from them.

Sorry to hear about your situation and wishing you a really really speedy recovery from this B.S and a better job.
 

halfmoonforever

Expert Member
Joined
Feb 1, 2016
Messages
1,196
Don't concern you with your co-workers, this is a business, and even though you're friendly with them (or have friends among them) your first priority should be yourself. Contact the CCMA immediately as your employer should have been paying your UIF, and hopefully you have your payslips proving they were deducting the UIF every month.

Next contact SARS. If they haven't been paying UIF, chances are they haven't been paying the tax or registered you for IRP5's either (you don't mention this so I'm assuming you've been filing taxes fine?)

Maybe it's only a recent thing, but the tax man don't **** around, and will come down hard on them.

With your ass covered with the CCMA, hopefully UIF can be claimed. I doubt they would agree to a constructive dismissal (it's not easy firing anyone, and if you're in a pivotal roll, it's easier blowing smoke up your ass and make you try and feel good about how much you're contributing, than to pay you. Money talks, if they appreciated you and you were this pivotal, they would have paid you on time and kept you on as a valuable resource)

CCMA *now*

Find out from your provident fund if you can get the entire amount in cash.
 

werfie

Expert Member
Joined
Aug 16, 2010
Messages
2,626
What a bad spot to be in. I feel for you. First advice (which you have been doing) is get out as fast as you can. Keep on applying for jobs, don't give up.

Just out of interest, a company is legally allowed to pay up to the 7th day after the day stated as the normal pay day (so usually the 7th of the month). This is such a bad non-sensible loophole.

My problems with these situations are always that if you approach CCMA/UIF/DoL or whomever, if there is no money, there is no money. At best they will be able to close the business down, which won't leave you in any better situation immediately.

Your first priority is to find another job. Don't throw good money after bad so to speak. If you find something else and can stabalise financially, by all means do so, but look after yourself first before you start fighting a practical losing battle.

All I can say is good luck, the right thing to do is to go the legal route and nail them where you legally can. The reality is that it won't change much and will probably make the situation worse for you (at best).

Get Out As Fast as you possibly can.
 

Dexonite

New Member
Joined
Jul 21, 2016
Messages
2
Thank you for the reply Medusa, that is what I'm fearing as well. (Edit: Thanks for all the replies so far)

Quick update: Just finished drafting a letter to our main contract to say that we might be closing our doors tomorrow.

I am going to make some calls in my lunch break... and throw up a bit too I guess.
 
Last edited:

Mach III

Expert Member
Joined
Sep 28, 2010
Messages
3,490
Hi Everyone,

I'm having serious problems at work and I'm losing sleep, the frustration is killing me.

I have used the search function on the forums but could only find posts that seem a bit dated and none fit my problem.

Where to begin?

I work at a manufacturing company in a small town that has been tanking since September last year. It is a family business that took up a contract that is now most probably going to sink the company.

I've been applying to any job I can find but no luck so far. I have really gone out of my way to help the company survive as I fill about 3 or 4 positions and have been told many times that I am a critical part of the operation as I practically run all administration.

My problem is that I have not received my salary on time since January, my credit record is now useless and I don't even qualify for a temporary loan from the bank. My employment contract stipulates the last working day of the month to be my pay date but this is not being adhered to.

I've explained my situation to my employer and he said that he understood and paid my April salary on time. At the end of June he did not. There was no warning or explanation and when I confronted him on the first he said that there was no money to pay anyone but later that day he gave massive advances to some of the more specialized contracted welders. I acted like I did not know about it and asked him again about my salary and he promised that if I came on the following day, a Saturday and also my off day, he would write me a cheque for my salary. I immediately phoned the bank and asked how long it would take to clear and they told me 10 working days. So I chose to ignore it and on the Monday wrote him a friendly email in which I demanded that he pay my outstanding salary within 24 hours otherwise he can view that letter as my resignation. I also asked that they confirm that my UIF and Provident Fund was up to date.

My salary was paid to me about an hour later after my employer and his son (shareholder) gave me a really hard time. The son even threatened to assault me :wtf:

Things have been really hard at work, the atmosphere is awful and I feel like I'm being treated like a traitor. Worse is that the other employees only got paid on Monday the 18th, I think. I've since been told that there is no money for salaries this month, hell even my printer has no paper at this stage.

So far I've consoled myself with the fact that at least if things go further South I at least have my UIF and Provident Fund to fall back on and I am sure I'll be able to get back on my feet. I had a meeting with the Department of Labour on the 11th and the guy, Freddie, promised that he would check out my UIF and get back to me and also arrange a "random" DoL inspection on the company. I was not sure how to feel about the inspection as all hell would break loose if they had to suspect I had anything to do with it.

I never heard back from Freddie and was told he's on leave. I decided that I could check out my UIF and fund myself and started making calls, calls that have absolutely scared the hell out of me.

Turns out that the company has been deducting UIF from me for the past 5 and a half years but never registered me to begin with, I could not believe it and thought it must be some mistake so I called again to confirm and got someone else to phone on my behalf a third time as I was in the office. Nope, not registered. I then phoned my Provident Fund, which has also been deducted from me every month just to hear that the last payment was made in March.

I was told by UIF to get my employer to register me as soon as possible. Provident told me to get my employer to pay as soon as possible.

I don't know if I can rely on the DoL to help me and I know my employer will avoid retrenching me at all cost. I guess the CCMA is the only other option but I figure that process would take quite some time to complete and in the mean time I have to pay rent and the bank will not let up until I have either a retrenchment or constructive dismissal ( I have unemployment insurance on my debts). My other concern is for my co-workers, what will happen to them?

Sorry for the huge post, I guess I'm venting in a way but would really appreciate if you guys could share any experience or advice.

Them not paying over your UIF is serious fraud, as well as the provident fund. They're facing jail time.

They've been stealing from you (and most probably all the other staff too) and from SARS.

They owe you all that money.

and Correction: It is not a horrible boss. He/She is a crook.

You'll get your money through a labour lawyer... Might take some time... If they don't have money, end up with the people being sequestrated, and having their assets auctioned off...

My bet is jail time for them too.

I'm interested to hear what happens.
 
Last edited:

Alton Turner Blackwood

Honorary Master
Joined
Apr 30, 2010
Messages
27,483
Thank you for the reply Medusa, that is what I'm fearing as well. (Edit: Thanks for all the replies so far)

Quick update: Just finished drafting a letter to our main contract to say that we might be closing our doors tomorrow.

I am going to make some calls in my lunch break... and throw up a bit too I guess.
I'd advise you not to do anything on behalf of the company, this could land you in even bigger trouble.
 
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