ARBITRATION AT THE CCMA
Contents
1. WHAT IS ARBITRATION?
2. WHEN CAN A MATTER BE REFERRED?
3. HOW IS A DISPUTE REFERRED?
4. TIME LIMIT
5. THE ARBITRATOR
6. LEGAL REPRESENTATION AT ARBITRATION
7. WHAT HAPPENS AT ARBITRATION?
8. AWARDS IN UNFAIR DISMISSAL DISPUTES
Downloadable Forms Click here to access these documents in the Forms section
Form 12.1 – Outline: Arbitration process
From 12.2 – Arbitration/Adjudication awards
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Comments
I bought a vehicle from the business owner. We agreed that he would deduct R5700-00 per month from my salary. Today he asked me to sign away my salary for the month of April to lessens the amount that I owe him. That means I wont be able to pay my rent or buy any groceries. What law is there to stop him from taking my net pay end of April.
Reply to Henriette: In terms of section 34(1) of the BCEA no deduction may be made from your salary without your written agreement.
To whom it may concern,
I have a question relating to a deduction my employer made on my salary, that I consider to be unjust and unlawful. However I do not know how to sort the issue out, as I know my boss will be unhappy with me questioning him.
Basically what happened is that I referred my boss to some one that could assist him in tracing a client that stole merchandise from us. My boss dealt directly with this person and paid him an amount of R3000 and then again R2000. Then the agent did not hold up his side of the deal and could not find the client.
Now I was never a part of this deal, however my boss now hold me responsible for the R5000 he lost, as I referred him to them. Today my boss informed me that he is deducting the R5000 from my salary this month. He has subsequently taken the money off my salary without my consent to do same.
What are my rights in this regard?
Reply to Chris: Deductions without written consent are impermissible. I suggest you first discuus the matter with your employer. Alternatively you can approach the Dept of Labour.