Good day I have a cousin that is current...

Asked by the Customer on 22-08-2019 10:48:15
Question posted in the General Law category relating to Gauteng

Good day I have a cousin that is currently not working, her name is Tumi. Tumi was unfairly dismissed at work last year October already. She took her matter to the CCMA and was awarded an amount that the company she works needs to pay her out. She was then advised to go the sheriffs office as no one from there was responding to the award awarded to Tumi.We then handed over the necessary documents to the sheriff as advised by the CCMA. Feedback from the sheriff was that the owners say that they will not be able to pay the amount awarded to Tumi as the company is not doing very well. The sheriffs office also advised that even if the company were to sell some of its furniture or company assets to compensate the amount, the amount will never reach that about that was awarded to her. Ultimately the company said they will pay Tumi R3500 every month till they finish paying the amount due. this amount is less then what she earned monthly.Now the query that we have is, is this really the way things work, can the company just claim that they do not  have money with no investigation or documents provided to prove that this is indeed case. The company claiming that they do not have money does not sit well with Tumi. If there is a way to assist further or know of other steps we can take please let us know. May we please get advise if possible on the matter.Regards Good day I have a cousin that is currently not working, her name is Tumi. Tumi was unfairly dismissed at work last year October already. She took her matter to the CCMA and was awarded an amount that the company she works needs to pay her out. She was then advised to go the sheriffs office as no one from there was responding to the award awarded to Tumi.We then handed over the necessary documents to the sheriff as advised by the CCMA. Feedback from the sheriff was that the owners say that they will not be able to pay the amount awarded to Tumi as the company is not doing very well. The sheriffs office also advised that even if the company were to sell some of its furniture or company assets to compensate the amount, the amount will never reach that about that was awarded to her. Ultimately the company said they will pay Tumi R3500 every month till they finish paying the amount due. this amount is less then what she earned monthly.Now the query that we have is, is this really the way things work, can the company just claim that they do not  have money with no investigation or documents provided to prove that this is indeed case. The company claiming that they do not have money does not sit well with Tumi. If there is a way to assist further or know of other steps we can take please let us know. May we please get advise if possible on the matter.Regards 

If you would like to view the entire answer, you will need to either login or register a FREE account.

Disclaimer

DISCLAIMER: Advice or answers from Lawyers on South African Legal Advice are not substitutes for the proper advice of an Lawyer. South African Legal Advice is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Lawyer who assists with your question is not your Lawyer, and the response above is not to be considered to be legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains. The responses above are from individual Lawyers, not South African Legal Advice. The site and services are provided “as is”. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.