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Barend B.
Barend B., Legal Consultant
Category: South Africa Law
Satisfied Customers: 1356
Experience:  BLC LLB (Pret) LLM (Augsburg)
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My Problem: I did not get an increase period 1 June

Customer Question

My Problem: I did not get an increase for the period 1 June 2014 to 31 May 2015.
Reason: Apparently it is my fault that the company did not grow or make more profit.
I did request a written explanation but did not receive one as yet.
My defence:
I am an area manager at a micro lending company for roughly 4 years of my 6 years of service.
1. I do not have a job description, in fact nobody have job descriptions in our organisation. The “owner and his son” just tell you what to do. Currently,
2. The job performance we do with the branch staff is generic for job names such as consultant, cashier, branch manager, auditor and area manager. There is no KPA’s or KPI’s linked to the generic job performances.
3. The company does not have targets, budgets or a strategic plan. I started to introduce targets since January 2015.
4. The increases are decided by “the owner” which classifies you as an A or B or C. This particular year “the owner” had a stroke and was at home for a period of more than 6 months. His son, David, who worked there for the last 4 years, took control since his sickness. He got an increase
Why should I get an increased?
I do understand that the fact I work every night at home between 4-6 hours, virtually every Saturday and Sunday’s to get through my daily workload is not a reason, only the results of my work counts. So, in the last year I introduced the following to the company:
1. Focus strategy (but I did not name it like that as I only implement it without naming it)
a. I teach the area manager to focus on marketing (to increase the turnover).
b. The second limitation I faced were the NCA regulations that tighten the lending industry extremely.
c. The third limitation was the new system we are busy implementing. We had 2 outside of SA programmers at $60 per day to assist. So I focussed a lot since November on that as these guys were very expensive.
2. The new loan administration system.
The new system is purchases from a company in Kenya for various reasons. The shell had to be converted into a workable solution for us.
3. Monthly meetings
a. Real progress was made in the way we conduct our monthly meetings. I teach the area managers how to interpret the financial figures and the independencies and the relationships of the various figures, financial aspects and section of our business
b. Now I teach them to focus on their targets. (Daily they …) Monthly I compile a report to show their accomplishments and failures.
c. Every month I come up with a theme to teach them the concept of focus and targets.
4. And, I can carry on and on and on
My request is simple:
This long story is not about the money, it is about the unfair practice that is established. I wish I did count of all the people over the last 6 years that were affected by this process. I am a 60 year old white male that will not find another job, so I have to make it work. But I want to something for the rest of the staff and the feature staff.
a) What is my rights to an increase based on my version (meaning they did not give me a written explanation yet)
b) Is the labour acts give any guidelines to increases and yearly bonuses (as I could not find any)
c) What can I do (enforce is a better word) to change the process and my position. Any legal remedies?
d) Do you think I can approach our Labour company, SEESA, for assistance? Will it be a good idea or will it be a conflict of interest?
As far as I know, none of our staff belongs to a union (according to their pay slips).
Christo Greyling
Submitted: 2 years ago.
Category: South Africa Law
Customer: replied 2 years ago.
Here is my full story attached.
Thank you
Expert:  CaseLaw replied 2 years 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.
Do you have an employment contract with the company?
Awaiting your further information.
Customer: replied 2 years ago.
Yes, originally 6-7 years ago I signed a contract for the position of HR manager. After 18 - 24 months they change my position to an area manager without any exchange of documentation. All duties I just assume, like be the head of the area managers. I would never take on the responsibility of turnover or profits as the son David is "running" the company. I just put building blocks in place to make sure that something is happening. There "plan" to increase turnover is to shout at people, threaten them with their jobs, issue warning letters.
Expert:  CaseLaw replied 2 years 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.
Does your current employment contract with the company contain a clause that guarantees you an annual increase? Or is the employment contract silent on that point?
Awaiting your further information.
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