I need to find out what the company's rights are with 3 staff members who have resigned and given us written confessions with regards XXXXX XXXXX our proprietary software (at a reduced fee) and stolen stock from our offices and sold this fraudulently to sites.Can I deduct this off their final payslips irrespective of whether they have agreed to this. We have a written confession stating amounts received .... They refuse to come into the office to wrap up the paperwork in order for me to get them to acknowledge the deductions.RegardsBarbara
Done most of the research, but need to know what the CCMA will do should they lodge a complaint to them for monies deducted.
Good day. Unfortunately, section 34 of the Basic Conditions of Employment Act expressly prohibits this. Section 34(1) reads as follows:34. Deductions and other acts concerning remuneration.—(1) An employer may not make any deduction from an employee’s remuneration unless—(a)subject to subsection (2), the employee in writing agrees to the deduction in respect of a debt specified in the agreement; or(b)the deduction is required or permitted in terms of a law, collective agreement, court order or arbitration award.I suggest that you inform them that you have no option than to report this as a crime since they are not willing to discuss this outside of that framework and see whether they will be willing then to come in and sign the papers.
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L.LB, Civil and criminal litigation, contracts, labour and family law
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