Leave pay after resignation

[werfie]

They are perfectly within their right to pay you your leave on the 30th, in fact they can pay you everything on the 30th or even on the 7th of December.

Section 32.3(b) of the BCEA stipulates that an employer must pay remuneration not later than seven days after the termination of the contract of employment. So they are allowed to do this.

If they do not pay you within this time, you can approach the CCMA.

 

[sjm]

This is my understanding as well.

However, once a company pays you on the 25th of the month, they are obliged to maintain the 'pattern', so in your case they have elected to pay you as [they normally would] on the 25th.

Is this law or convention? Never seen this anywhere in law and have had instances where a company normally pays on 25th but contract states that employees would be paid by the last day of the month and the company has used this to delay payments once or twice.

 

[shadow_man]

Ok so heres the newest twist:

I handed over all my projects and the client was happy. They authorized payment to my employer (it was to be held back until completion). Hence I did my part. HOWEVER my employer promised to pay me on the 25th, yet i've not received any payment (I have it in writing) and my leave on the 30th (still to come).

I've checked with all my colleagues and they have all been paid. What is my recourse now? Can I simply state that i'm not coming in until I get paid? My last day is Friday.

Thanks,
J

 

[fonoi]

Ok so heres the newest twist:

I handed over all my projects and the client was happy. They authorized payment to my employer (it was to be held back until completion). Hence I did my part. HOWEVER my employer promised to pay me on the 25th, yet i've not received any payment (I have it in writing) and my leave on the 30th (still to come).

I've checked with all my colleagues and they have all been paid. What is my recourse now? Can I simply state that i'm not coming in until I get paid? My last day is Friday.

Thanks,
J

Contact HR in writing via email (personal email if possible), ask for the reason you have not been paid while your colleages have. When they reply, make a decision based on the answer.

If you do not agree with the reason or suspect it is a lie you may contact the CCMA, I would not advise staying out until you get paid as the company will have a right not to pay you for those days.

For future you may want to get a service like FNB's law on call, I had an issue once with my pension fund being withheld and within 3 days of FNB sending a lawyers letter it was paid over to me.

 

[shadow_man]

Contact HR in writing via email (personal email if possible), ask for the reason you have not been paid while your colleages have. When they reply, make a decision based on the answer.

If you do not agree with the reason or suspect it is a lie you may contact the CCMA, I would not advise staying out until you get paid as the company will have a right not to pay you for those days.

For future you may want to get a service like FNB's law on call, I had an issue once with my pension fund being withheld and within 3 days of FNB sending a lawyers letter it was paid over to me.

Interesting - I'll check it out.

No idea why employers need to be so bloody childish in this day and age. I was nothing but honorable in my dealings with them and gave them all my hard work and dedication - but as soon as you get another offer and leave - then you're a pariah. So bloody childish...

Thanks,
J