Thulani* worked as a supervisor at a security company. He was involved in a motor vehicle accident with the company car, and when he arrived for work the next day, his boss told him he was fired and told him to go home. Now he’s worried, because he hasn’t been paid his last month’s salary and he’s unemployed. What can he do?
Scorpion Legal Protection’s advice
While a car accident is serious, Thulani’s boss cannot just send him home without pay. AZIKHIPHI! That’s not on! Every South African worker is protected by employment laws, which ensure that they are correctly treated, paid fairly and protected against exploitation by their employers. There are basic employment rules and procedures that have to be followed for a dismissal to be fair and legal.
Thulani can refer his matter to the bargaining council for the security industry or the CCMA within 30 days by completing the necessary referral form (7.11). If his dismissal is found to be unfair, Thulani could be reinstated, re-employed or get compensation money. Reinstatement means he gets his job back as if he was never dismissed. Re-employment means he gets his job back but starts as if he is a new employee.
Employers are also not allowed to withhold employees’ salaries due to damages caused by employees without following proper procedure. The law provides that deductions for damage or loss caused by the worker may only be made if –
- the employer has followed a fair procedure and given the worker a chance to show why the deduction should not be made
- the worker agrees in writing, and
- the total deduction is not more than 25% of the worker’s net pay.
If an employer deducts money from the employee’s salary without prior consultation and consent, the employee may refer the matter to the CCMA for unfair labour practice.
Tips:
- If you want to refer a matter for unfair dismissal to the CCMA, make sure you do so within 30 days of the incident happening. Unfair labour practice has a 90-day prescription period from the date of incidence.
- You can get an LRA Form 7.11 free of charge from the offices of the CCMA or download it from the CCMA website www.ccma.org.za.
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* Terms, conditions, limitations and exclusions apply (click here to view the Legal Membership Agreement). This is only basic advice and cannot be relied on solely. Names have been changed to protect identity.