Good morning, As part of my contract at ...

Asked by Jon Gunning on 31-10-2022 10:50:40
Question posted in the General Law category relating to Gauteng

Good morning, 

As part of my contract at work I get a 75% school fee rebate in my child's school fees. This has been paid into my account and I then pay it accross and the remaining 25%.

This year my wife secured a job at the school my children attend and is granted a 70% reduction in their fees. I have submitted the remaining 30% for the 75% to be paid as part of my contract, but my employer now says that our company will only pay 5% to top it up to 75%. 

My query involves whether a term in my contract can be changed without my consent, and that perks in my wife's contract with a separate employer/company have any bearing on my contract. 

Potentially as an example if the fees are R10000 and her company pays 70%, the balance owing is R3000. I would like to my employer to pay 75% of that as I read my contract. so they should pay R2250, and I pay R750.

We have had staff in a similar situation who claimed the full 70% and the full 75% and made a profit, which as per each contract was argued. 

Thank you for any advice.

Message from the Lawyer

Posted by Att. Patrick on 17-11-2022 20:07:31

Hi there,

I see that you haven't made a payment for the question, but I'm going to assist you a little. If you want to ask a follow-up question, please make the required payment, even if it is R150 or R200.

I don't know if a term in your contract has necessarily been changed. Your employer is merely giving the term a slightly different interpretation to what you're giving it. I suppose that the reality is that there is a dispute as to the interpretation of the clause and this can be resolved by way of court proceedings. 

Att. Patrick 

Please remember this is a dialog if you have follow-up questions please make the required deposit, then use the REPLY button and ask your further question. I would like to continue assisting you, but I need to concentrate on people who make deposits for their questions - they get serviced first!

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 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.