Asked by Elize on 30-01-2020 10:03:35
Question posted in the General Law category relating to Gauteng
Good day,
I need advice on a labour matter.
I worked as an au pair for about 8 months last year starting in April and ending in November. Payment was almost always a problem and was often late. When time came to pay me in month October she didn't because of her "financial circumstances". At the end of October I gave her verbal notice of my resignation which she accepted. After my notice period had finished I also didn't receive November's payment.
Since then I have been in constant contact with her to hear if there are any updates. She always reads my messages but takes 2 days to reply as if she is avoiding me.
In the meanwhile I requested and received a certificate of service from her. However this states that I was employed by another company owned by her boyfriend and she claims I was paid out of their account but she justifies not paying me because her boss is not paying her in her personal capacity.
Question: If I was really employed by the company and not directly by her does it even matter that she is not being paid? Should I make a case at the CCMA and would it be successful? If so, against who should I make a case, her or the alleged company?
Thank you
Elize de Jongh
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