Question posted in the General Law category relating to Gauteng
Hi,
My name is Filip,
On May 16, I signed a six-month contract with Buzz-Mobile-software company,which in turn has a contract with the EOH. EOH makes software for COJ. on No 66 Jorissen str. Johannesburg.
My first payment for May-June, was overdue in more 10 days. I was paid on 10 of July.I have a more serious problems with the second salary, which I was supposed to be paid on July 28 or 29, but on 29 August (Friday) Buzz-Mobile transfer me 2/3 of my salary for June-July.
I continued to go to work in COJ, because I had no warning about termination of the contract, etc., till 29 September, when EOH told me that Buzz-Mobile was removed of the COJ project. (We were three contractors through Buzz-Mobile for EOH, and the three of us were removed from the project.)
All my timesheets are signed and approved, i.e., EOH admits I worked here. From my side everything was perfect /nothing, nothing wrong at all/ and I have no idea what happened between EOH and Buzz-Mobile. I have no idea why they don't pay me, and if they will pay me, and even I don't know what is happening with my contract now. I don't know if my contract is canceled.
I'm asking for your advice what legal actions I should take.
Regards Filip
Message from the Attorney
Hi there and thank you for your question,
I am a practicing attorney based in South Africa and I will assist you with your question. Please feel free to ask as many follow up questions in order to clarify your question. If you have a new question, you must please open a new thread.
If you are an employee of Buzz Mobile, then why are you worried about whether you work at Buzz's offices, or some other office? That doesn't make any difference to your employment contract.
Also, just because Buzz might have lost a contract with EOH, why does that impact on your employment contract with Buzz? It doesn't!
You are Buzz's employee and all you need to do is to go to work every day, and they need to keep you busy, and they need to pay you.
Do not concern yourself with the termination of the EOH contract... and don't let Buzz convince you that because the EOH contract was terminated that means that your contract is automatically terminated either.
If Buzz doesn't pay you, then you need to file a dispute with the CCMA and declare an unfair labour practice. They need to pay you your salary every month! They can't mess you around like they are.
If there is a part of the answer which you need more advice on, or clarity please continue in this same thread instead of opening a new question.
Att. Patrick
Please remember this is a dialog if you have follow up questions please use the REPLY button and ask. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered. I hope you found my answer helpful, and you have finished asking your questions, please click on the GREEN ACCEPT button in order to mark the question as closed.
Message from the Customer
I wrote to Buzz's manager several times, but he didn't answer me. I calculated that I was only paid for May / since my arrival on May 16th / and for June. I have not been paid for July and August. I doubt I'll be paid on September 28th either.
I obviously need to take legal action.
I went to the CCMA today, but they told me that the salary was high and that I should go to the labor court.
What are your conditions for representing me in Labor Court?
Regards Filip
Message from the Attorney
Hi Filip,
Unfortunately we can't represent you directly. We can only offer advice through our website.
I can't refer you to a specific lawyer, but I can direct you to www.southafricanlawyer.co.za, where you can find a list of qualified lawyers in your area who will be able to assist you further!
Good luck!