unpaid final settlement
I resigned from my job on the 25th of November 2017. I gave my 4 weeks notice to finish on the 22nd of December. My employers asked me to stay on until the 6 of January 2018, to which i agreed. On the 5th of December my employer decided to waiver my notice period and agreed to pay out my notice pay and leave pay and 2 weeks salary. On the 22nd of December 2017 i was suppose to get paid my salary and then my final settlement on the 6th of January.
The 22nd of December has passed and the 6th of January and I have not received any form of payment. When i queried with the employer he now said that i am subject to a criminal investigation and will only receive my 2 weeks pay. I have all these conversations on email
Please can you clarify how can i go about getting this settlement from the company as it amounts so a substantial settlement. Also please advise if it is possible that after i have resigned, left the company and only once i queried about the settlement was i informed about me being subject to a criminal matter?
Everybody is presumed innocent until proven guilty. They have no right to withhold payment of what is legitimately due you while they conduct a criminal investigation. It is an unfair labour practice and a violation of the Labour relations act. Get a lawyer to send them a letter demanding immediate payment, and at the same time register a complaint with the CCMA.