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26 Oct 2009

Unpaid salary
Hi there,
I am writing on behalf of my daughter, who worked at a Pre-School. She worked there for 4 months and was paid in drips and drabs. By the 20th of the 4th month she approached the owner in regard to her salary for the previous month owing of R2000.00 but was told to wait. She then worked out without giving notice. She then went to the small claims court to lay a dispute with the company for the outstanding money owed by them. She is claiming for the R2000.00 outstanding for the previous month as well as for the salary of R3000.00 for the month she walked out after 20th.The owner paid R1500.00 into her banking account for the last month as she said that she only worked for 15 days of the last month. The owner has since sold the pre-school and she is now unemployed. The school changed their name as well.
The Sherrif of the court delivered the summons late and therefore could not give it to the previous owner. However my daughter phoned the Sherrif to give him her home address.
My question is this:
1. What will happen now that she has sold the school and is unemployed and does not have the money to pay my daughter?
2. The Small Claims Court told her that my daughter must be paid fully for the last month she worked, is this true?
Please help.
Answer 425 views
Labour lawyer
labour lawyer

01 Jan 0001


Your daughter is entitled to a position with the new owners in terms of Section 197 of the labour relations act. Furthermore your daughter is entitled to the full amount of salary for the last month if she tended to work during that time.
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