This week, Scorpion Legal Protection takes a look at a case of a man who was dismissed during lockdown but says his employer still owes him wages for 8 days of work. We discuss what he can do.
It’s important to note that each case is different, and the most accurate paralegal advice can only be given when we know all the details. For example, it’s not clear if the man qualifies for the TERS benefit because we don’t know what industry he works in, whether he had to stay away from work during the lockdown, the reasons for his dismissal (was it directly related to the lockdown) or why exactly the 8 days were not paid to him.
With regard to the money owed to him, the man can approach the Department of Labour. If he wants to challenge the dismissal, he will have to go to the CCMA. Recently, the CCMA also gained the jurisdiction to assist in matters where employees want to claim payment of money owed to them in terms of the Basic Conditions of Employment Act, Wage Act, a sectoral determination or a collective agreement.
Does the man qualify for the COVID-19 TERS benefit? If his employer had to close the business for a period and send employees home directly because of the coronavirus pandemic and regulations, then this is considered a temporary lay-off. The employer can apply for the National Disaster Benefit from the UIF if he cannot pay his workers.
Only the following people can claim –
- Contributors to the fund
- Employers who had to close their operations or part of their operations as a result of the pandemic
- Workers must have been employed with their employer on 27 March 2020
Therefore, for the days that the man was at home due to the pandemic, he is entitled to payment of those days. After the dismissal, he can claim from the UIF for benefits. The benefits are only available to you if you have been contributing to the UIF while you worked. You cannot claim if you have resigned, been suspended or absconded from work.
Tips
- Both the Department of Labour and the CCMA can now assist with claims for money owed to workers.
- You cannot claim from UIF if you resigned, were suspended or absconded from work.
Follow Scorpion Legal Protection on Facebook for more updates and information on your rights during the lockdown.
* This is only basic advice and cannot be relied on solely. The information is correct at the time of being sent to publishing.