SIKHUMBUZO IS NOT OWED

THE FACTS

SIKHUMBUZO Mtshali from Diepkloof, Soweto, said he was dismissed by his employer and took the matter to the CCMA.

At the CCMA he signed a settlement agreement, in terms of which the employer was to pay him money. He has received it, but he felt he still should have received money for his seven-year service to the company before he was unfairly dismissed.

WHAT I DID

I spoke to Scorpion Legal Protection.

SOLUTION

A service payout no longer exists and has been replaced by a provident fund that employees contribute to. Service pay was money the employer would give to an employee as a token of appreciation and was not regulated by any law.

He is not entitled to it. He can claim from his provident fund, if he had one. Also, the settlement agreement he signed was in full and final settlement and means there can be no further claims against the company.