A Director assigned his accountant extra duties on behalf of his other company which he is a share holder. The employee asked for an extra income for the extra job as it was not the initial contractual agreement. The director agreed verbally but did not fulfil his promise. The employee reported to the Labour Officer and the case is now at arbitration. That company now argues that it is company "Y" and not "X", and that the employee must sue company "X" if he desires.
Although company "Y" is where the employee conducted his duties for company "X" from, and there is evidence of signed documents, the employer disassociates himself with the work of company "X" he requested to be done for him. The boss is a shareholder and director in the two companies.
How should the employee go ahead and make his claim succeed? Surely the director can not run away from responsibility when he assigned the employee some tasks. Such work was done at company "Y" for company "X" where the boss gave orders to do the work.
While there is a duty on the employee to obey the reasonable instructions of the employer, the other company would in this case be a different employer. The director acts in the capacity of director for both companies (and hence employers) separately, not at the same time.
As it is a case of unpaid salary, the Department of Labour is the first port of call. Since this appears to have been done, the matter may be referred to court if the allegations can be proven. Consult an attorney.