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CaseLaw
CaseLaw, Attorney
Category: South Africa Law
Satisfied Customers: 1300
Experience:  BCom; LLB; Masters in Law
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I trust that you are well. I work for WNS outsourcing

Customer Question

I trust that you are well.
I work for WNS outsourcing company and have been working in a Vodacom campaign and was promoted to become an assostant manager to work in a Telkom campaign. Before I could move, HR said that I would be paid R10000 and this was Done verbally in July 2015. in November 2015,i received my employment contract which says i should be earning R13185. I signed the contract and had to send it back to HR. I still have the copy of the contract. When I saw that I was not paid what was in my contract,i escalated the matter with HR and the feedback I received was that the company made an error. And a new contract will be issued. Till to date I do not have the new contract that was promised. My question is ... Am I not supposed to be paid what's stipulated on my employment contract as this raised expectations? Kindly advise and if I take the legal route,am I gonna win the case?
Submitted: 3 months ago.
Category: South Africa Law
Expert:  CaseLaw replied 3 months ago.

Hi there and thank you for your question,

I will try to assist you with your legal question but please feel free to ask as many follow up questions as you like until you are 100% satisfied.

Initially, my advice was that if you agreed on the figure of R10,000 per month then that is what you should be paid, but I then changed my mind because I realised that you had thereafter signed an actual employment contract.

In that instance, the employment contract sets out the agreement that was reached. The "oral agreement" no longer applies, as it was merely discussions which were entered into with a view to signing your written employment contract.

In my opinion you are entitled to rely on whatever is recorded in writing in your employment contract.

What makes the companies case bad for them is that if the employment contract was issued in error, they should have IMMEDIATELY given you the "correct" version. They didn't do this, so essentially they are bound to the terms of the employment contract which you signed.

You should therefore be paid whatever is recorded in your existing employment contract.

If HR wants you to sign a new employment contract with a lower figure, you should refuse, on the basis that they are illegally reducing your salary.

If you have a dispute, put it in writing to the HR department. If they don't resolve it, then you can refer the dispute to the CCMA - who will then decide!

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 - dont 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

Customer: replied 3 months ago.
Thank you for responding.
I just had a meeting with them this morning before seeking legal advise and was told by Senior HR that I will not get paid what is stipulated on my contract as I had agreed to be paid R10,000pm. I asked them if it's possible for them to give me a letter acknowledging that the company made an error on my contract. The response was that I will not get as they do not see a need for it and that there is no department that will give me what I am requesting. And the question that I was asked is "what are you hoping to achieve by requesting to speak to higher management?" My response was that I need clarity on the matter.
Expert:  CaseLaw replied 3 months ago.

Hi there, it looks like the company is playing tough with you. What you then need to do (your only option really) is to lodge a dispute with the CCMA. You'll need to explain the nature of your case and they will then call the company's HR manager in for a mediation or arbitration. You should have a good claim against the company! Just don't forget to ask the CCMA commissioner that you want back-pay for the months that you were under-paid!

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 - dont 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

Expert:  CaseLaw replied 3 months ago.

Hi there again,

I see that you've read my answer and I hope that you understood the answer and that it was useful? If you have a further question please ask it, or if you need clarity on the answer please let me know.

If you're happy that I've answered your question, please leave positive feedback for me.

Regards

CaseLaw