I have a company car for which I pay the tax benefits and submit on my IRP5
The company says the car is a tool of trade and they can revoke the usage as they please.
I say my contract of employment makes reference to company vehicle scheme and is part of my renumeration package and to take the vehicle away or reduce the vehicle type is a salary reduction and is not permitted.
The company is in financial distress and has been renting vehicles instead of a fixed term lease. Now that COVID19 lockdown they are recalling the vehicles as we will not be making sales calls.
Is this allowed? We have been given 48hrs to return the car
Are they not in breach of my employment conditions
Good day,
Yes they are in breach of your employment contract as you say your contract of employment makes provision for this. Unfortunately the CCMA is locked down and you will not be able to receive immediate relief.
You will have to comply with your employers request. If you refuse you will subject yourself to a claim of damages from the employer and they may try to deduct their loss from you by way od your salary, if you consent to said deduction.
It would be best for now to return the car and at a later stage claim the loss you suffered due to the breach of contract at a later stage. I say this only because your right to recourse is hindered and it would be foolish to cause potential problems now that will have a direct impact on your employment during this time.
Contact us at 021 202 1111 or cameron@labourprotect.co.za to file claim at the CCMA now to stay prescription and attend to this problem as soon as the 21 day lock down is complete.
Kind regards
LP