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Post Info TOPIC: Seekign Advice about unfair Company Practice
Anonymous

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Seekign Advice about unfair Company Practice
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Greetings and Thank you in advance for assisting me with my current situation.

 

I'm seeking some legal advice on behalf of myself and fellow colleagues who work with me. In 2012 Our Company sent out a Memorandum stating... 

(Direct Memo Quotation) “A cash incentive will be offered to all rostered staff, excluding Senior Management for their attendance at work over a period of eleven (11) months from the 01st September 2012 to the 31s of July 2013

For all employees with a 100% attendance record, they will earn cash Payment close to the equivalent of their monthly salary. The payment will reduce as the percentage drops."

After the said date mentioned in the Memo... Staff started enquiring about this Incentive... with only mention of it being looked at... Auditors are checking the details... these quiries were left unanswered untill recently when a few colleagues wrote a formal Grievance against the Managing Director who sent out the Memo.

 

Some staff members where paid according to the days they were off sick others have to date still not been paid, word/rumors from our Head Offices where saying that there are Cash flow problems and money will eventually be paid out.

 

Today 14th March 2014. An email was sent out coming from the Managing Director after more staff sent out  grievances the email states the following..

“We refer to the memo dated 12 September 2012 and record that the reason for the incentive was to encourage staff to attend work and not be absent unduly utilizing sick leave. Further, this incentive was primarily aimed at all employees who achieved a 100% attendance during the period 1st September 2012 to 31st July 2013. A reduced payment would only have been considered if there were no employees who achieved a 100% attendance.

 

An audit exercise has revealed that there were indeed employees with a 100% attendance, which meant that there was no need to consider reduced payments. All who achieved a 100$ attendance have been Paid and notified.

 

There were employees who lodged grievances for payment of incentive. The audit exercise revealed that on investigation we determined that those employees who grieved did not qualify for the incentive and accordingly have been notified.”

 

I for one am some of the few that have not been notified about whether I’m getting a increase or not. Other Staff members who had taken sick leave during that period has been paid out.  We contacted the CCMA and where told that they can no handle the matter, so therefore I’m seeking some advice as to whether or not my colleagues and myself have any case as It seems my Company are changing the goal posts to suit them.

 

Please advise if we are able to get our money, what It would cost as a group to settle this matter in court and whether we have a leg to stand on if we take this matter further .

 

 

Again Thank you in advance. 

 

 



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LP

Date:
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It may be a contractual and / or remuneration matter and the CCMA is right when they say they have no jurisdiction to hear it. You can either approach the Labour Court or attempt to claim monies owed in the civil courts. Both options are time consuming and would require an attorney.



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