Question posted in the General Law category relating to Gauteng
I need some legal advice please. I have been told by my company that I will no longer receive my basic pay monthly and must now work as an external sales consultant. I have been with the company for 11 months (Started 19 October 2021 until present).
On Friday 23 September I was told that my boss has been recording me and due to what I had said to another colleague at work about the boss that I can no longer work from the office I must work from home.On wednesday the 21st my boss had a meeting with me re my attitude and I did vent to a colleague because I was angy.We work from his house.There are no signs up saying that I am being recorded and I never gave verbal or written consent to be recorded.
I received this email from my boss this morning when I asked if I will still get my daily pay.I get a basic wich is R400 daily and then monthly comission.
Email from boss :
Please see last 2 pages of the sla… I have detailed the amounts available for each step of the sales and services process.
Due to threats and actions – my advice and instructions from my HR Consultant and Account – there cannot be a “daily” payment as of 1 October 2022.
The way forward as an external sales associate is on a project by project basis, with payments made according to services and value delivered, once clients settle us fully.
See the attached documents showing each step and the value available.
The value available for full participation in all steps works out approximately between 17%-20% of gross sales value.
I have to get my car repaired and handle some other personal stuff today
I will revert when I have some space.
Background re actions and threats:
I started working on 19 October 2021 until present. On 17 Jan I was caught drinking at work - We then had a meeting with my mother present and I also admitted being a recovering alcaholic.I was then told I can return to work on the Monday. I did drink some of his alcahol in his house.
I then had another relapse on Friday 4 Feb had a meeting once again with my mom present and was told to get help and return to work on the Monday.I did then go and see a doctor (at my own cost) that assisted me with hypnotherapy.
All went well for a while but then on the 26th of July I hit a rock bottom I drank at work (The boss was out at a function for the day) I did order my own alcahol and had it delivered to work.In my state I did take 950 dollars out of my bosses draw. On the wednesday morning I realised what I had did and realised I need to return it as I didnt mean to take it it was a mistake. Unfortunately due to fear I had some vodka before going to work on the Wednesday morning. My boss asked me what was wrong and I said I was sick he then asked if I nee to go home and I said yes.Unfortunattely this gave me no time to put back the money.
i returned on Thursday (With the money on me to put back)morning.My boss showed me that he has a recorder above his computer.This faces the drawer I took the money from.He then asked me if I took 3000 dollars out of his drawer I said no as I only took 950 dollars,He then said he is getting someone to come and do a lie detector test on me.After about 15mins I went to his office and told him I did take the 950 dollars and then returned it to him.He then for an hour had me stressing about going to jail and said he is going to press charges.My mom and husband then came to my workplace and we all sat around the table discussing what I had done.He made me write down everything Ive taken from him but would not let me write I returned the money - this was done infront of his domestic as a witness - the returning of the money.He had the paper certified that I wrote on what I had taken from him.He also said he didnt press charges but has written it down in some book at the police station.
He then did not press any charges and I was told I can return to work on the Monday.When I returned on the Monday he said my punishment is that instead of R500 per day I will now get R400 and with venue comission split I will now only get a third instead of 50 %.I accepted this as I know I was in the wrong and took my punishment. Please note I went to see my doctor again for hypnosis and treatment.
So now this is where I am now.Being told today I will not get a basic salary for October I cant survive like this.
Please also note that he feels i am not an employee so has never paid UIF,PAYE or COIDA.
Please assist urgently