Payslip Dispute

[JohnJuniorV3]

recap:

1. payslip says R100
2. gets R125 p/m for 2 years
3. never knew about it
4. employers wants money back
5. acts surprised
6. now consults if this is legal without considering never knewing about it.

assumption(s):
1. no monthly budgeting
2. no recheck/double check funds coming in (incomes)
3. no recheck/double check money going out in (deductions)

conclusion:

Not as simple as this, but yes I was in the wrong.

My boss does not always supply me with a payslip and sometimes I will receive a few months at one go. Secondly my salary has been adjusted multiple times with regards to using my bosses CC to buy fuel or to place it on my payslip, of which sometimes appeared and sometimes didn’t. Thirdly 500 after tax does not affect the amount that much and a genuine mistake I made by not double checking all the figures, so it went unfortunately under my radar.

The only issue is that it’s 2 years worth of pay that needs to be paid back, of which 500 does add up to quite a bit when money is tight.

But yes, I was wrong and it’s a lesson learnt, just very difficult to process with a boss that is not necessarily fair.

 

[MidnightZA]

recap:

1. payslip says R100
2. gets R125 p/m for 2 years
3. never knew about it
4. employers wants money back
5. acts surprised
6. now consults if this is legal without considering never knewing about it.

assumption(s):
1. no monthly budgeting
2. no recheck/double check funds coming in (incomes)
3. no recheck/double check money going out in (deductions)

conclusion:

the money I receive each month is in accordance with the payslip.

Why you choose to ignore that part of the OP?

This issue is mainly the companys fault for not having a uniform fuel spend method in my opinion, then all the payments will be uniform. OP is only partly to blame for not checking

 

[gregmcc]

My boss does not always supply me with a payslip

This is not legal - you have to be given a payslip each month showing salary/paye etc. Take this up with HR or report them.

 

[JohnJuniorV3]

This is not legal - you have to be given a payslip each month showing salary/paye etc. Take this up with HR or report them.

Sorry let me rephrase, I do get them, just a few months late.

 

[gregmcc]

Which is also illegal.

 

[acidrain]

What about overtime? Will I be paid?

Employees who earn in excess of the present threshold amount are not subject to the overtime provisions. This means that such employees cannot demand to be paid for overtime worked, nor can they demand to be granted paid time off in view of payment. However, contrary to popular belief, the employer also cannot force such employees to work overtime and cannot demand that they work overtime without compensation.

Should the employer refuse to compensate for overtime worked in the case of an "over the threshold" employee, then the employee is entitled to refuse to work the overtime.

I'm actually not sure if your quote is in support of my comment or not. Are you indicating that because one is over the threshold, that they are not entitled to any payment for overtime worked?

 

[Snyper564]

I'm actually not sure if your quote is in support of my comment or not. Are you indicating that because one is over the threshold, that they are not entitled to any payment for overtime worked?

Sorta agreeing but also saying you need to agree to it or as I said earlier negotiate etc.

 

[The Darkness]

100% I do agree. It is a little confusing as I do get compensated for travel costs, however not in my salary apparently, hence the mistake that was made by the accountant. Yesterday was just an unfortunate day.

Unfortunately it’s a small business with no HR, only my boss is senior to me.

He's being extremely petty. It's not a lot of money at all, and easy to see why you missed it. You should look for another job. Sounds like he's happy to abuse your time and he should have used this as an opportunity to show you mutual respect. It was their mess up after all. Things like this can really sour a working relationship in a huge way. From now on, you should be submitting after hours time sheets for payment, and definitely take that lunch hour every day. Fek him

 

[skimread]

Good evening,

I am having troubles at work whereby my payslip that has been issued for the previous two years had an additional amount added each month (small nonetheless) and my employer has realised the mistake via the accountant. They are requesting I pay the monies back. Is this legally allowed? I do understand if I was overpaid and my payslip indicated a different amount, however the money I receive each month is in accordance with the payslip.

Any advice would be appreciated

You can't. You already paid tax on it

 

[Snyper564]

You can't. You already paid tax on it

you can you have missed very many posts discussing this already...

 

[Kosmik]

Not sure if this is what he is saying.

Nett Pay on Payslip says 10k pm. Salary in Bank Account = 10kpm.

To expect most people to understand how tax is calculated, deductions, allowances etc. is a bit much. Most people just look at the payslip and see if it is reasonable.

That type of reasoning is nonsense and part of a lot of issue we have. People do not bother to read or actually look at the contracts and documentation they sign.

 

[Kosmik]

Would I then need to resubmit my IRP5 for the previous 2 years?

No , they can apply a corrective measure on the current payslip as I understand it.

 

[ToxicBunny]

No , they can apply a corrective measure on the current payslip as I understand it.

Yup... Its a cockup on the employers side. They can claim the overpay back but the onus is on them to correct the tax records as well.

 

[acidrain]

Sorry let me rephrase, I do get them, just a few months late.

Yeah that doesn't fly in the eyes of the DoL.

This employer of your sounds like a real piece of work. If you can easily find another job, start looking, take all the leave you can and sick leave you can and make sure to drop him at the last minute.

 

[JohnJuniorV3]

Yeah that doesn't fly in the eyes of the DoL.

This employer of your sounds like a real piece of work. If you can easily find another job, start looking, take all the leave you can and sick leave you can and make sure to drop him at the last minute.

On it.

Let me pay back this money and jump ship.

Thanks to everyone for the advice! Big learning curve!

 

[Kosmik]

Yeah that doesn't fly in the eyes of the DoL.

This employer of your sounds like a real piece of work. If you can easily find another job, start looking, take all the leave you can and sick leave you can and make sure to drop him at the last minute.

The last is really unnecessary and unprofessional, childish actually. Take your leave, or resign and get paid out , move on, what's the need for vindictiveness and being dick.

 

[acidrain]

The last is really unnecessary and unprofessional, childish actually. Take your leave, or resign and get paid out , move on, what's the need for vindictiveness and being dick.

Better than risking not having your leave paid out to you for leaving without sufficient notice, or worst even with notice. My monies on that employer not being the kind that likes to follow the law when it doesn't suit him. Nothing vindictive about taking what you are legally entitled to.

 

[Kosmik]

Better than risking not having your leave paid out to you for leaving without sufficient notice, or worst even with notice. My monies on that employer not being the kind that likes to follow the law when it doesn't suit him. Nothing vindictive about taking what you are legally entitled to.

The leave no but this part certainly is

and make sure to drop him at the last minute.