# Regulatory Compliance Category > Labour Relations and Legislation Forum > [Question] Employer has not paid my final salary (Nov2011) & annual leave

## robbiwood

Just before Oct we (myself: design manager & the other 2 staff members) got called into a meeting and were informed the company is not making money and we must accept these "new" financial cost reduction agreements or else - they threatened to close the company down . . . and we have no work.

They strategically pressured us to quickly accept and sign these un-ethical & calculated proposals which basically entailed more than 50% salary reduction & immediately become contracted to the company - and handle our own tax.  I declined  and unfortunate;y I resigned days later, giving notice of my calendar month on 28 Oct 2011. Last day being 30 Nov 2011. I also have 15 leave days due to me.The other staff member also resigned.

My employer has lost the plot and rapidly become very hostile through this November month until now. 22 Nov he drops the bomb of the "now-late-for press" magazine production on us & holds all of our salaries for ransom, until completion of the mag. We worked passed 30 Nov until 10 Dec 2011 where got it to press with highest production standards.

I still have not been paid neither have the other 2 employees contrary to his previous ransom request. I went to the CCMA who referred me to a local department of labour. They were unable to help as my income is higher than their benchmark? :Confused:  Never in my entire life through good/bad times and employ has my salary been with held yet alone for ransom!

He owes me just around R34k less tax and its rapidly deteriorating all circles of my life & most of all the health of depending family suffering from dire illness.  :Frown:  :Frown:  :Frown:  I need fast help, fast aggressive HELP please, we need a fast aggressive approach please. Please anything at all, advise, direction, representation - and I would be humbled with much gratitude any much respected advice and help.

HeLp! Please time is precious . .  :Confused: 
 :Frown:

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## Dave A

You need to instruct a lawyer to issue summons...

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## nkawit

Wow, I never knew CCMA only dealt with low income earners?  anyone know what the threshold is?

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## robbiwood

Well because I had resigned the CCMA referred me to the Departrment of Labour near my residential address. The department of labour said they were unable to assist and and my salary was aboive their benchmark of R14000 p/m? First timwe I am awarew of this too . . .?

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## robbiwood

Thanks, appreciate the correspondence but getting one especially at this time of year is proving to be tricky. Also, especially in my situation . . .

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## Dave A

> Also, especially in my situation . . .


If that refers to a cashflow situation, I must warn you that not only do lawyers cost money, but that the legal process can take time too.

The good news on "this time of year" is as difficult as it is to find a lawyer for yourself, your employer is also in for some sport finding a lawyer to file a notice to defend. He may just cough up what is due if you can get a summons served during the course of the coming week.

On another angle, have you considered the possibility that what your employer has done could be deemed constructive dismissal?

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## Scaffold

This has happend to me more than once over the last few years and the law has never been able to help me..hence the reason for not giving notice of resigning.I just take my money and run.lol

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tec0 (19-Dec-11)

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## tec0

Source 0861 161616 CCMA

Please find that this law is not yet in been finalized. According to a CCMA representative that I spoke to, the CCMA MUST STILL HELP YOU. They cannot turn you away! 

Just to add they have no info of this on their website. I recommend phoning this help line and talk to them, but as it stand they must still help you. 

There words not mine.

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## Gills

Hi Robbie. I am in a similar situation. Did you manage to retrieve your money and how did you resolve the issue

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## nkawit

Get a lawyer to send a very threatening letter? normally costs around R250 or so. Thats sure to get lame employers to jump

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## sterne.law@gmail.com

When statutory money [salary, leave etc] is owed, the CCMA has no jurisdiction, unless, you refer a dispute for dismissal whereupon they get concurrent jurisdiction with regards to the statutory money.
If you have resigned, the one option is to refer a dispute for constructive dismissal, which, even if your prospects are bit weak, allows you to bring the dispute before a forum that is inexpensive and fairly quick.
Failing which, you can sue out a summons becuase of the contractual nature of the dispute.
You could try small claims court, but, I fear that on many occassions the commisioner, if not experienced in labour will say they have no jurisdiction.

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