Labour advice needed

Mvu

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Jan 7, 2015
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558
Ladies and gentlemen

I need your advice. The old lady cleaning our offices is always complaining about her company either paying her late or short paying her. On one occasion she was told she cannot take sick leave even though she had a doctor's certificate. She is a diabetic so her sugar levels were so high that she was booked off for 4 days. The company did not pay her for the 4 days. Now being the nice person that I am I would like to help her but I do not know... Every time I call the company I get told the boss is not there. I want to approach labour but I need to know whether there is anything I need to be aware of... I feel she does a lot for the way the company treats her and for what she is being paid...

Any advice will be greatly appreciated.
 

Polly101

Senior Member
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Nov 7, 2011
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read her employment contract and compare it to the Basic conditions of employment act
Take them to Labour court if they're not operating in accordance with this

How old is she?
 

Mvu

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She is 46... She can not read and write properly so they take advantage of her... All her contract gives is the rate and days she works (Mon - Fri). Nothing about leave, or not being able to take sick leave under certain conditions...
 

itsme2

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There are standard terms in the labour act that need to be adhered to.
 

Mvu

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Thank you guys... I have approached the Department of Labour (DOL) and they said she must go into their offices to open a case for DOL to launch an investigation into the company. She will have to ask to remain anonymous so that the company does not know it was her that initiated the investigation.

I think this is going to drag... But now it seems to be the only way forward.
 

thechamp

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Feb 26, 2011
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Thank you guys... I have approached the Department of Labour (DOL) and they said she must go into their offices to open a case for DOL to launch an investigation into the company. She will have to ask to remain anonymous so that the company does not know it was her that initiated the investigation.

I think this is going to drag... But now it seems to be the only way forward.
Hopefully she still have the payslip as well as the sick note for those unpaid days.
 
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XPD

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Department of Labour are the enforcers of the BCEA. lodge a complaint on her behalf there or call someone at the DOL who can assist
 

desiganp

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If only she (or a handful of workers) is affected then I would advise against lodging a complaint with the DoL. The employer will know who reported them and will likely victimize the worker/s.
 

Mvu

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Department of Labour are the enforcers of the BCEA. lodge a complaint on her behalf there or call someone at the DOL who can assist
Unfortunately, I was informed she must go to DOL and lodge a complaint in person...
 

Mvu

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If only she (or a handful of workers) is affected then I would advise against lodging a complaint with the DoL. The employer will know who reported them and will likely victimize the worker/s.
DOL said she must tell whoever will be assisting her she wants to remain anonymous... So hopefully the company won't know it is her...

I mean how do you rob someone who is already paying little. I mean how cruel can you be??? No benefits or anything and I mean how do you pay someone R2500?? How are they supposed to make ends meet? They must pay rent, buy food and travel. And you still expect them to go to work every day and smile everything is OK.

I am defeated :(
 

desiganp

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Try and assist her to find a new job. I don't see a positive outcome going the DoL route in this case.
 
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Hemi300c

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Best she starts looking for another job. Unfortunately they will probably know it was her.

I hope she gets sorted
 
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Mvu

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I try my best... But we all know the situation out there... It is not easy at all.
 

ambroseg1

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DOL said she must tell whoever will be assisting her she wants to remain anonymous... So hopefully the company won't know it is her...

I mean how do you rob someone who is already paying little. I mean how cruel can you be??? No benefits or anything and I mean how do you pay someone R2500?? How are they supposed to make ends meet? They must pay rent, buy food and travel. And you still expect them to go to work every day and smile everything is OK.

I am defeated :(
Way of the world. The very vast majority of the world is enslaved like this.
 
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