DEDUCTIONS WITHOUT BENEFITS!

THE FACTS

Mr Dhladhla was employed by a company from 2002 until 2007.

His employer never gave him a proper, printed payslip. Instead, the employer gave him a handwritten payslip that just listed deductions made for things like UIF, funeral policies and provident funds.

Mr Dhladhla was unhappy with this because he hadn’t signed up for any of the policies or funds he was apparently contributing to.

Worse, when he asked his employer for details about the provident fund he was apparently contributing to, the employer refused to give him any information!

AZIKHIPHI – THAT’S NOT ON!

Desperate to put an end to this practise, Mr Dhladhla reported the matter to the Department of Labour.

An investigator was appointed to the case and the case was then referred to the Labour Court.

Unfortunately, Mr Dhladhla could not afford legal representation and the matter came to a halt.

STRIKE BACK LEGALLY

Scorpion Legal Protection assisted Mr Dhladhla and agreed with him that the provident fund deduction did appear to be unlawful. It is doubtful that the employer registered him for a provident fund as Mr Dhladhla had never received a benefit statement or even knew the name of the company he was supposedly paying.

Unfortunately, there was not much Scorpion could do for Mr Dhladhla as this all happened 10 years ago. The matter had legally prescribed (exceeded the amount of time the law allows for to take action in a matter).

But Scorpion could give him some advice. He could go to the CCMA and look the matter up using his case number as a reference. For legal representation, he could get free assistance through Legal Aid or the Law Clinic. They would need to help him find out if the Labour Court would allow him to revive the matter or not.

SCORPION’S CONSUMER TIP

Always query with your employer if you do not understand the deductions made to your salary. Request a statement reflecting your pension or provident benefits.

Also make sure to ask for the contact details of the pension or provident fund administrator.