Leave pay on resignation

AirWolf

AirWolf

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Circumstances:

-No written employment contract;
-Employee worked for 6 weeks and was paid weekly;
-All worked days paid for;
-Employee did not provide written resignation, but did so telephonically and did not return to work.

Employee is now requesting leave pay.

According to what I have read here (specifically sections 37-40) we do not have to pay leave pay because the employee was not employed for more than 4 months and didn't give a notice period. However, is it a problem that no contract was signed?
 
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Everything will fall under labour law if there is no contract maybe have a look into that
 
Yes it is a problem for you when there was no contract signed. If the employee goes to CCMA you will be can be fined.
Leave is 1 day for every 17 days worked. That's about 2.5 days in your case.
My advice is offer to pay the leave pay in return for signing a (back dated) contract and a resignation letter.
Then you are clean.
 
AirWolf said:
Circumstances:

According to what I have read here (specifically sections 37-40) we do not have to pay leave pay because the employee was not employed for more than 4 months and didn't give a notice period. However, is it a problem that no contract was signed?
Click to expand...

You are right about the four months, but the fact that you didn't ptovide a contract is a biigger mistake on your side.

and also


(4) Written particulars in terms of this section must be kept by the employer for a
period of three years after the termination of employment.
 
Skywalker42 said:
Yes it is a problem for you when there was no contract signed. If the employee goes to CCMA you will be can be fined.
Leave is 1 day for every 17 days worked. That's about 2.5 days in your case.
My advice is offer to pay the leave pay in return for signing a (back dated) contract and a resignation letter.
Then you are clean.
Click to expand...
Sound advice.
 
Thanks for the info guys. This decision isn't in my hands though, just for my information.

Can't understand why the managers didn't get a contract signed.
 
GrootBaas said:
If that's what you are getting I would suggest looking up a labour lawyer. AFAIK the minimum is 15 days per year.
Click to expand...

This.

Basic conditions of employment state 15 working days or 21 consecutive days. No contract may override that.
 
Yeah it is 15 working days per year, which is 1.25 days per month.

From the manager's explanation, the guy was absent before resigning saying he got another job, but would stay if we matched the "new" salary. He had already received an increase during the six week period, and management couldn't / didn't offer more, so the guy didn't come back.

I *think* he's unemployed now, so there wasn't any other job.
 
AirWolf said:
From the manager's explanation, the guy was absent before resigning saying he got another job, but would stay if we matched the "new" salary. He had already received an increase during the six week period, and management couldn't / didn't offer more, so the guy didn't come back.
Click to expand...
How many days was he absent and did he provide a doctors letter? Could well be that he used up his leave days in absence.
 
Some people like taking chances. I bet he is sitting at home now & his friends are feeding him all sorts of stories. That could explain why he is now suddenly claiming this & that! I wouldn't be surprized to hear that he is also claiming his UIF & pension deductions back as well LOL (it has happened to someone I know).

If he absconded, the number of days he bunked work can be deducted from the leave days he is claiming as *unpaid* leave.
 
The employee quiet his job, not resigned so CCMA will find in employers favour. Employer can deduct/demand notice pay. The fact that no contract was signed is department of labour and not CCMA issue.
 
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