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i would like to know what my rights are in the following scenario in…

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i would like to know what my rights are in the following scenario:

in short , after negotiantions i signed a letter of appointment 27/5 for appointment 1 June
2010. on the 4th of June i was notified that they did not do all the necessary checks prior to the LOA and have to move my appointment date The dilemma is that is actually already resigned to start 1 June therefore have no income this month. what are my legal rights for loss of income?
Submitted: 8 years ago.Category: South Africa Law
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Answered in 7 minutes by:
6/14/2010
Lawyer: WCLawyer, Attorney replied 8 years ago
WCLawyer
WCLawyer, Attorney
Category: South Africa Law
Satisfied Customers: 15,603
Experience: L.LB (UOVS)
Verified
You have been appointed from the first of June. That is what your contract says and if you do not have a contract, they have created a reasonable expectation that you would be employed at the said date. Technically, what happened now, is that you have unfairly been dismissed and you will be re-appointed on the future date.

In my opinion, you will be entitled to one month's salary, especially since you have offered to commence with your employment. Technically, they are in breach of contract for not paying you.

Since it is technically an issue of unfair dismissal, you could approach the CCMA to assist you, should you so wish.
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