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Question
Posted by: Sunshine | 2009-07-16

Non Payment of Salary in Notice Period

In the middle of June my husband resigned from his previous company. The Director had a meeting with him and accepted his resignation but said that due to his management position with the company it would be best that he did not work the notice period. My husband left the company that day with the mutual agreement that his salary and all benefits would be paid for the following month (notice period). My husband took a week off work and then started at his new job. The director at the old company is now refusing to pay us based on the fact that my husband started his new job a week after leaving. He said that he thought that my hubby would sit at home for a month.
We have spoken to the CCMA and recommended that we see the Labour Department as they do not handle these sorts of cases. It is so sad that these large companies have to resort to bullying tactics. Please advise what action can we take?

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Our expert says:
Expert ImageLabour lawyer

Your husband must immediately go to the Department Of Labour lodge a complaint with an inspector at the Department of Labour and get the inspector to pursue it. In fact the Department of LAbour do handle cases of this nature. If your husband earns beyond the minimum wage as outlined in the Basic Conditions of Employment Act then your husband will have to pursue the matter either at the CCMA or the Small Claims Court.

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