Good dayHope you can help, I have a labo...

Asked by CMB on 19-10-2020 13:30:21
Question posted in the General Law category relating to Gauteng

Good day

Hope you can help, I have a labour law matter with my employer. I started working for him on the 28 July and the contract says 1st Aug. He has verbally attacked me, emotionally abused me and used me for travelling when I wasn't employed for it, he also made promises to pay overtime and fuel which he kept up with for the month of Aug, Sept when our PA resigned he stopped paying what he promised as well as Oct. I have driven out most of my salary for going to sites and he just doesn't pay, I have recorded all our conversations whether verbally or telephonically because of the trust issues he has caused, I have also told him several times I record him and he just doesn't care. He owes me overtime for Sept and Oct and he refuses to pay it, I have time logs that I keep on record via what's app messages to my husband to let him know I am safe so all my times are recorded. He also promised to pay me commission for a job I got and he hasn't paid that either, I have that also on recording the saturday he called to say he will pay it and never did. He told me he hasn't registered me for UIF but wants to deduct that off my salary as well. This I also have on recording where he stated that he hasn't registered me. 

There was an accident that happened in Sep where the contractor painted a unit with a color we got mixed as per his intructions and it wasn't approved and the guys got instructions to paint the unit, he blames me for them painting, and now wants to dedcuct it off my salary, which he says is R4500, the paint cost R1300 odd. Then on the 28th Sep there was enamel paint spilled in the company van due to the contractor not closing the lid properly and he wanted to take the money off for that as well, I gave him R500 to get the van cleaned due to the fact that I was driving the van at the time so I took responsibility for the mess, but I didn't agree to anything else as I felt it wasn't my mistake. 

Now he sends me a voice note stating we must have a meeting today regarding the paint that was painted in the unit and the costs before payday as its a huge loss. I am sorry but I don't feel that is my fault as I wasn't onsite to give instructions on this matter and they got instructions from my boss to start painting, there was no verbal or telephonic discussions regarding the color of the paint and if the color was correct. He also decided to take off cornices in the bathroom without consulting the clients and I had to cover up and tell the clients a lie and say the cornices where damaged and had mould on them so it needed to be replaced. He has also bad mouthed me verbally to the clients over the phone (recorded as well) about me. He lies to the clients all the time and puts all his mistakes on to me by the clients. Friday last week he arranged a meeting with these clients and left me there to defend for myself and I wasn't even aware of this meeting taking place as I was in court the previous day and wasn't aware of any meetings.

This man has lied, stolen money and done so many unethical practices in the company and I need it to stop. He takes money off the workers salaries without any form of contract stating he is allowed to deduct such monies, he charges them for uniforms every month and if they leave they must give the uniforms back, which is unethical as they have paid for it every month from deductions to their salaries. If they make mistakes he also deducts it from their salaries. And now his trying to do it to me as well. I have warned him about this and I spoke nicely to him about it yet he carries on doing it. Today was just the last straw regarding the paint and him wanting to take the money off my salary. My contract expired last month but I wasn't hired to be a site supervisor or project manager nor was my salary adjusted after the PA left as promised, I am still earning R6000 and I am doing three people's work for no pay. I work hard and long hours and he won't pay me for it.

I don't know what else to do or who to get the help I need. I need my job and he is holding it up against me. Friday somehow my windsheild cracked and when I mentioned it to him, he stated " you will have to sit on your bosses lap to get that sorted out" I mean honestly, I am married and so is he, why on earth would you make that comment knowing I am a christian lady and love my husband. It's just not right!

What do I do and how do I go about doing this without causing my job loss and him taking my salary?

Oh yes I forgot to mention, he hired another site manager on Friday, but he complains he can't pay his current staff, and every month when it's pay day time this is what he does, he makes up every excuse to deduct money off our salaries so he doesn't have to pay us, but I see his bank statements and saw he could pay over R5000 for his son's birthday party next week but he can't give me a better salary as promised and even pay my over time that is due to me. He also tells me that I can't take lunch because we must do quotes. I was hired as a office coordinator and sales, no job discription was spoken or written. I have been doing more than what he asks of me and yet I don't get paid for my hard work and long hours that he keeps me at the office.

I need urgent help please

Thank you in advance

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


DISCLAIMER: Advice or answers from Lawyers on SA Legal Advice are not substitutes for the proper advice of an Lawyer. SA 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 SA 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.