THE FACTS
MICHAEL Tshatshu had a one-year contract with the education department and was employed as a security guard. He was not paid his salary for five months and tried to report the matter to the labour department, without any success. The education department told him it only dealt with matters relating to teachers.
WHAT I DID
I spoke to Scorpion Legal Protection asking for advice.
SOLUTION
Scorpion Legal advised that failure by the employer to compensate an employee is in breach of the Basic Conditions of Employment Act. The act states that employers must pay employees remuneration not later than seven days after completion of a period from date when the salary is due. In this case, where five months have passed, he was supposed to report the matter to the Education Labour Relations Council.
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