Salary deductions and absenteeism

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DavidB23

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Feb 25, 2015
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Hi All, hope this is in the right place and that someone can point me in the right direction.

My employer is going to deduct (or has already deducted) an amount from my salary. This amount is more than I earn. So I won't be receiving a salary this month. I have sought legal assistance, and have come across a lawyer that will assist.

My question is: seeing as I won't be receiving a salary (this is happening next month too). Should I feel obligated to work? Is there a no pay no work clause somewhere in the BCEA? I'd like to not go to work tomorrow to pursue my salary dispute and get the ball rolling for whatever case I may have. I can't exactly call my boss and say "I won't be coming to work tomorrow because I'm making a case against you at the CCMA"

Do I send him a mail with my intentions? Do I just pull a sicky? (I haven't called in sick in 3 years, it will seem suspicious)

When all else fails........ Internet
 
Shi

Shi

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I don't think you should stay out of work tomorrow, no need to make things worse.

Would the CCMA not help?
 
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DavidB23

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The problem isn't me not being at work. I haven't missed a day. The problem is that my employer has made an illegal deduction from my salary. The amount he wanted to deduct exceeds what I earn. So I am not getting paid at all this month.

He has made it clear that the same thing will happen next month.

I am going to refer this to the CCMA. My problems are:


1. I have lost all motivation at work. Working and knowing you won't be paid will do that to you.
2. I am totally screwed with regards to rent and bills this month, and will be next month.
3. CCMA HOURS are M-F from 8:30 to 17:00. I can't exactly slip away, and notice for annual leave must be submitted 2 weeks before the day you intend on taking.
4. I need the time off to make my case at a labour lawyer or CCMA. And as mentioned in my OP.... I know of the no work no pay principal. My question is: does it work the other way around too?
 
Thor

Thor

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May I asked why he is deducting your salary ? Surely there must be a reason?
 
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ld13

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You signed a contract to work certain hours. If you do not comply with these hours you are in breach of your contract. Do not just stay away from work. Do it by the book. You have a lunch break, use that to phone the CCMA and get advice - they are not too bad in that department.

Also, you are also not telling the whole story. What deduction is your employer referring to?
 
KleinBoontjie

KleinBoontjie

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To make things fair, please tell us what is being deducted? Did you break something? Did you cost the job a lot of money? what?
 
Thor

Thor

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DavidB23 said:
Hi All, hope this is in the right place and that someone can point me in the right direction.

My employer is going to deduct (or has already deducted) an amount from my salary. This amount is more than I earn. So I won't be receiving a salary this month. I have sought legal assistance, and have come across a lawyer that will assist.

My question is: seeing as I won't be receiving a salary (this is happening next month too). Should I feel obligated to work? Is there a no pay no work clause somewhere in the BCEA? I'd like to not go to work tomorrow to pursue my salary dispute and get the ball rolling for whatever case I may have. I can't exactly call my boss and say "I won't be coming to work tomorrow because I'm making a case against you at the CCMA"

Do I send him a mail with my intentions? Do I just pull a sicky? (I haven't called in sick in 3 years, it will seem suspicious)

When all else fails........ Internet
Click to expand...

Answer Beans question please

beans100 said:
To make things fair, please tell us what is being deducted? Did you break something? Did you cost the job a lot of money? what?
Click to expand...
 
AchmatK

AchmatK

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beans100 said:
To make things fair, please tell us what is being deducted? Did you break something? Did you cost the job a lot of money? what?
Click to expand...





This.







Employers are reasonable in my experience in this regard.







We currently have a driver that racked up 3 big fines (CT tripled their fines the last year) and he would be out of pocket if we deduct the full amount. We decided in consultation with him to deduct a maximum of 10% until the fines are recovered.







He is a good employee and we did go through the disciplinary procedure to ensure that the punishment would be more severe if he does this again.
 
Thor

Thor

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Guess David will never return, so until then I assume he was in the wrong
 
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DavidB23

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Feb 25, 2015
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To answer your questions:
1. I thought that the reason for the deduction is irrelevant as the basic conditions of employment act states that deductions, even those where the company has suffered a loss, can only be made with my written consent. Where the deduction is made, whether or not by law or court order cannot exceed 1/4 of my salary per month
2. The reason for the deduction: it's for spare parts allocated to me that hasn't been processed through our system. It's repairs, that doesn't cost the company extra money. It will be written off as a maintenance expense. It hasn't yet because of others not doing their job. I struggle to resolve this. It takes up a lot of my time.

So, I think calling the CCMA is probably my best bet. Their call centre opens at 8:30.

Deducting this from me I think is a little reckless. I am in it very deep with regards to rent/bills. Not to mention things like food
 
MickeyD

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In that sense you are correct.

The deductions can only be effected after a formal disciplinary process has concluded or where you have acknowledged guilt. The deductions must be reasonable.
 
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DavidB23

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Feb 25, 2015
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MickeyD said:
In that sense you are correct.

The deductions can only be effected after a formal disciplinary process has concluded or where you have acknowledged guilt. The deductions must be reasonable.
Click to expand...
No disciplinary process has been initiated. I haven't received a verbal or written warning with regards to this issue.
 
MickeyD

MickeyD

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DavidB23 said:
No disciplinary process has been initiated. I haven't received a verbal or written warning with regards to this issue.
Click to expand...
Do you have any in-house disciplinary process?

Have you aired your grievance to your supervisor/manager/owner?

CCMA will refer you back if you have not done so.
 
supersunbird

supersunbird

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Its easy. Tell them you can't go to work cause you can't pay for petrol/transport since you didn't receive a salary (hope you don't stay too close to work).
 
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DavidB23

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Feb 25, 2015
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I stay 9kms from the office. Which is usually a good thing. Not today.
I've been with the company for almost 4 years. There are in-house disciplinary processes. I have voiced my concern over not receiving my salary, and about the large deduction.

I am considered middle management and report directly to a director.

I do have an employment contract. Not sure how legitimate it is. Example: there is a clause stating I need to give 3 months notice should i resign
 
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