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"Ex employer not paying out final salary - What can I do?"

I handed in my resignation end of April 2016, on the 29th of April, 2016, and gave a full months working notice to my ex employer, which they accepted, thusly resulting in my employment coming to an end on Friday the 27th of May, 2016 (as the 29th was a Sunday). I served the notice period, as per what the labour law stipulates. Upon resignation, I had a negative leave balance, as well as an amount of money owed to the company for petrol usage, which the Managing Director had telephoned me at work during the notice period, to discuss. We had discussed the way in which these two amounts would be deducted off of my final salary payment that was due and still is due for the notice period served. It was discussed, and verbally confirmed that the monetary value of negative leave days would come off of my final salary and that the money owed for petrol usage was to be taken out of my Momentum Funds at Work Policy payout. This was then also confirmed in writing, with the Managing Director, when I made an inquiry to the way in which a call-out fee for a weekend breakdown that I had performed for a client on the 16th of April, 2016 was to be paid out. I asked him if it would be at all possible to take the R500 call-out fee off of the money owed for petrol usage, that would be deducted off of my Momentum plan upon pay-out.

He confirmed that this was not an issue at all, and that the request had been accepted.

I am now officially unemployed, having served the notice period and have been awaiting a payment, as per what had been agreed to, that I have only now been informed will not be taking place as there is in fact no money due to me by my ex employer due to money owed for petrol usage and negative leave days.

This had also been the only response to my queries, and the first that I have heard of such non-payment(s); this after making 7 requests for information from the MD himself regarding my final salary payout since the morning of the 27th of April, 2016.

What can I do here? Do I have any room whatsoever in this situation to make any sort of formal request to pay my salary for the month of May?

Added to
  • Performance management
  • Final remuneration

 User  Wander asked at 01 Jun. 2016


1 answer

Wouter Van Heerden
 Expert Wouter Van Heerden answered to question to 08 Jun. 2016
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Hi, Unfortunately, most Provident Funds / Pension funds don’t allow for these types of deductions to be made by employers from employee`s funds and that is probably why everything owing was taken of your last payment. If there were illegal / unjustifiable deductions your should take it up with the Department of Labour for further investigation if your efforts are not giving any results. You last alternative is to make sure your Funds at Work withdrawal is submitted and await the funds.

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