Employee not working full notice

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Trevoro
Posts: 2
Joined: 09 Feb 2017, 14:58

Employee not working full notice

Unread post by Trevoro » 09 Feb 2017, 15:28

An employee of mine who has been with me 8 years gave me One months notice, according to letter of employment and contract it should have been one calendar month, I accepted the notice period up until the 24th of this month. On the 6th of the month employee asked if they could leave on the 10th and I refused the request and told them they must work the full notice period as agreed in the letter of resignation. Today the 9th the employee has advised me that today is her last day and will not be working the full notice period. We are in the middle of training a new member of staff this is both unfair to the new staff member and to me the Employer.
As an employer where do I stand with this situation, can I deduct any monies for breach of agreement?

Jan du Toit
Posts: 4596
Joined: 18 Jun 2009, 14:35
Location: Gauteng
Contact:

Re: Employee not working full notice

Unread post by Jan du Toit » 10 Feb 2017, 12:49

Unfortunately you may not deduct form the employee's remuneration w/o his consent in writing. You will have to sue the employee for actual damages.

You do not have to pay the employee for the time that he is not at work during the notice period.
Jan du Toit is available to assist employers with all IR related matters.

Labour Guide accepts no liability for any damages or losses as a result of actions taken based on information contained herein. The information contained herein does not serve as alternative to legal advice that may be provided during consultation.

Trevoro
Posts: 2
Joined: 09 Feb 2017, 14:58

Re: Employee not working full notice

Unread post by Trevoro » 10 Feb 2017, 13:59

Ok so the employer sucks hind again!!!
In this instance when is the latest that the employer has to pay over any renumeration due?

Jan du Toit
Posts: 4596
Joined: 18 Jun 2009, 14:35
Location: Gauteng
Contact:

Re: Employee not working full notice

Unread post by Jan du Toit » 12 Feb 2017, 10:43

Within 7 days after the termination of employment.
Jan du Toit is available to assist employers with all IR related matters.

Labour Guide accepts no liability for any damages or losses as a result of actions taken based on information contained herein. The information contained herein does not serve as alternative to legal advice that may be provided during consultation.

Adele@123
Posts: 1
Joined: 16 Feb 2017, 11:14

Notice Pay to be deducted from CCMA settlement

Unread post by Adele@123 » 16 Feb 2017, 11:35

Good day Jan,

Are we allowed to deduct an employee's notice pay from the CCMA settlement agreement? The employee gave 24 hour's notice instead of 1 calendar month as per his contract. We settled for 1 months salary at the CCMA in hope that we can deduct it from his full and final payout as we have a clause in our contract stating "The the Company will deduct from monies due to the employee, pay in lieu of notice period not worked or any portion thereof. The Employee hereby authorizes the the company to make such deductions" and the employee signed next to it?

Thank you

Regards

Adele Koen

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