Im a manager at a restaurant and my keys has gone missing. I opened the restaurant the morning and as alway placed my key in my bag and left my bag under the desk as always. The next day I had to lock the shop and my key was missing ot my bag. I phoned my boss to inform him and he replied, the staff probably stole it! We replaced the locks on all doors and now my boss is making me pay. I have been there for 7 months with no contact, was never informed that I have to pay in a situation like this! How do I go about this matter?
The above advise is incorrect, the reason therefore is that the same Section of the Basic Employment conditions Act of 1997, that the adviser refer to, does not state " deductions without concent" the Audi alteram partem princeple (give hearing to the other side) is the corner stone of our law system, therefore the employer must conduct a fair procedure before deductions, from your salary AND BY CONSENT, such deductions must be by mutual consent reduced to writting and singed by you and the employer. Section 34 (1) (a) of the above Act state clearly that the section referred to in the previous advice is subjected to WRITTEN CONSENT by the employee. Conclusion: the employer CANNOT deduct monies for your salary without consent
Hope this helps.
Rautenbach & Associates