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Post Info TOPIC: Making me pay for lost/stolen keys
Anonymous

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Making me pay for lost/stolen keys
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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?

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Anonymous

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Refer to Section 34(2) of the Basic Conditions of Employment Act, which states that a deduction for loss or damage may be made without consent where:
(a) the loss or damage occurred in the course of employment and was due to the fault of the employee;
(b) the employer has followed a fair procedure and has given the employee a reasonable opportunity to show why the deductions should not be made;
(c) the total amount of the debt does not exceed the actual amount of the loss ordamage; and
(d) the total deductions from the employee’s remuneration in terms of this subsection do not exceed one-quarter of the employee’s remuneration inoney.


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Anonymous

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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

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