THE FACTS
ELLEN Mokgotsi from Naledi and Mzikayifani Majola from Jabulani, Soweto worked for the same company as estate agents.
They said the company withheld their commission. Ellen said she was accused of distributing a competing company’s advertising pamphlets. She was suspended. When she returned to work she was forced to take a lie detector test, which she allegedly failed. She said she was told to pay R43 000 that was outstanding on the company car. Mzikayifani said his commission was withheld because he refused to take the test.
WHAT I DID
I spoke to Scorpion Legal Protection to get advice.
SOLUTION
The employer cannot withhold employees’ salaries.
If the contract of employment states they can be subjected to a lie detector test, then on the refusal, the employer can charge them with insubordination or misconduct.
If a test is not part of the contract, the employer cannot charge them for refusing to take it.
Ellen and Mzikayifani can approach the department of labour to lay a complaint against the employer.
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