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CaseLaw
CaseLaw, Attorney
Category: South Africa Law
Satisfied Customers: 1290
Experience:  BCom; LLB; Masters in Law
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I resigned from my job as Sales Rep in March (Going on

Customer Question

I resigned from my job as Sales Rep in March (Going on maternity leave but not returning to work). This was also end of 1 quarter. After a month when my commission wasn't paid out, i contacted my manager who then said that is unacceptable and she will follow up. After about 4 weeks she only got back to me. Said she didnt have good news and after long fight they will not pay it out. According to my records the quarter ended the day before i went on maternity, thursday 19 March. (Usually last thursday of the month before the 25th. They now came back to say that this time it ended on the 26th. So because i missed 4 days of the last month, they wont pay. I exceeded my budget forecast at the end of February already. The day i left my budget was exceeded by R 784,415. I feel that i should be paid pro rata until the day i left. The CCMA said thay would handle my case, but now after 6 months decided to tell me that they cant help anymore. What can i do???
Submitted: 1 year ago.
Category: South Africa Law
Expert:  CaseLaw replied 1 year ago.

Hi there,

This is a further information request so that I can provide you a proper answer to your legal question. Please continue in this same question thread.

You say that the CCMA said that they would assist. Can you explain more?

You are entitled to refer the dispute to the CCMA (either conciliation, mediation or arbitration) and the CCMA then has to assist. What reason did they give, and what procedure did you follow?

I'm assuming that you have a written employment agreement?

What sort of commission amount are you talking about?

Awaiting your further information.

Regards

CaseLaw

Customer: replied 1 year ago.
I followed the procedure for "Referring a dispute to CCMA for conciliation". So filled in the form, included a complete description of the situation. This was first send to the company HR and the all to CCMA. I got a email response to say that case will be forward on to relevant person to deal with my case. A few weeks later got a call from CCMA to say that my case is now open and i was to wait for an email or sms to confirm date, time and venue of the first meeting. And then there was complete silence. I called about 2 weeks ago and now they said that they cant handle my case because it is about commission they wont pay out and that the CCMA don't handle cases about money. They said to start a new case with Department of Labour. Cant find any indication from information supplied that this will be correct route. I have attempted a visit to my local labour centre, but here everyday about 150 people to claim UIF and i dont even know if this is the correct way to do this. There must be a better way to resolve this!!Yes i had a written contract, but our commission process is not mentioned in our normal work contracts.I expect it should be around R 30 000. I achieved around 144% of budget. My previous manager gave me estimated amounts. We get a full basic salary if 100% achieved and then a progressive percentage above 100%.Hope this gives you a better understanding of the situationRegards
Annemi
Expert:  CaseLaw replied 1 year ago.

The CCMA probably said that they won't handle your case because they thought that it was a money claim that you had against the company?

If you want to try that route again you should, and you should ensure that you specify that your commission claim forms part of your salary that you get from the company on a monthly basis. If it is a "salary" claim, then the CCMA should assist.

Otherwise, you'll need to hire an attorney and issue a summons in the Magistrates Court claiming payment of the R30,000. You'll need to ensure that you have a way to calculate what the commission should be, or at least previous calculations so that you can show the court what your commission claim is.

Expert:  CaseLaw replied 1 year ago.

You could go to the Dept of Labour and ask them to assist, but it is a painful process, and they would only really help if your claim was about wrongful termination - not really a claim for commissions.

Customer: replied 1 year ago.
Thanks for your help and advise! Really glad i did not persevere and stand in the row of a 150 people at the labour office just to be send away!. I am going to give the CCMA another go. Will tell them i got advise from a Lawyer... Is it possible to have your name and credentials should they ask?
Expert:  CaseLaw replied 1 year ago.

Hi there,

I'm afraid that it's against the terms and conditions of this site to deal with you directly, and also to contact customers directly. At any rate, giving the CCMA official my name is ***** ***** to assist you. It'll mean nothing to them!

If my answer hasn't answered all of your questions, please send me a REPLY with follow up questions so that I can continue to assist you in this same thread for as long as you need. Let me know if you need more advice - don't just rate my answer as "bad".

If my are HAPPY with my answer then please click one of the STAR ratings or the SMILEY FACES to rate my answer!

Good luck and best regards,

CaseLaw