THE FACTS
Jafta Matala from Booysens, Joburg, said he worked at a company from 2004 to last year.
At the end of 2018, he and his fellow workers were given letters saying the company was closing down and they’d stop working at the end of last February.
He said his colleagues were paid out the money due to them, but he didn’t receive anything.
He kept following up with the employer, and after a while he received a call from Data Factory stating there were some unclaimed funds due to him.
He was sent documents his former boss needed to sign, but the employer refused to.
He received a payout of R100 despite the fact that the employer had been deducting for provident fund all those years.
The employer couldn’t explain where the money has been paid to.
ADVICE
The Pension Fund Act indicates that an employer isn’t allowed to deduct money for pension or provident fund and then not submit the money to the correct fund.
This is a criminal offence, and a boss who’s guilty of this can be held liable.
This means Jafta has to open a criminal case against his former employer. He can also lodge a complaint with the Pension Fund Adjudicator.
