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Labour Protect Advice Forum -> Labour Protect Advice Forum -> CAN EMPLOYER HOLD BACK MY SALARY AFTER DISMISSING ME
Post Info TOPIC: CAN EMPLOYER HOLD BACK MY SALARY AFTER DISMISSING ME
Anonymous

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CAN EMPLOYER HOLD BACK MY SALARY AFTER DISMISSING ME
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Good day Legal team  I trust you are well.  I was suspended with full pay from my duties on the 9th of June 2021 and was later dismissed on the 23rd of June 2021. According to the suspension and  dismissal letters that  was issued to me  it was stated that i was going receive my salary until the day  I was dismissed.  However when I called our HR DEPARTMENT requesting my payslip for the month of June so that i can check what salary i will receive today for services rendered during the month of June, they advised me that they cannot issue me my payslip as my file has been handed over to their legal department because there are monies owed to them from my misconduct. I would like to know if the employer can advise need on payday that i have monies owed to them which I never sign for and they holding my full payment even though on my dismissal they advised need that i will receive payment today the 30th if June 2021.  May you please assist me urgently to clarify the matter.

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Labour Protect

Date:
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Good day, 

The employer is legally entitled to deduct no more the 25% of your salary to cover damages caused by an employees misconduct. 

You must give your prior written consent for the employer to do so if you fail to sign for this then the employer's only option to retrieve the missing funds would be to sue you and claim the damages through legal process. 

 

If you were suspended on full pay and in terms of the documents submitted to you, it states you will be paid per hour or in terms of your employment contract to the date of your dismissal then you will be entitled to this income. 

If you feel aggrieved then please refer this to the CCMA or Bargaining Council as a section 73 of BECA for monies owed. 

 

In terms of the delay in payment there is case law stating an employer can delay payment by no more than 7 days.  

Kind regard

LP



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