The employer is obliged to comply with the labour law requirements of substantive and procedural fairness first before it may be in a position to lawfully recover monies from you that are not regulated by statute.
Section 34 of the Basic Conditions of Employment Act No 75 of 1997 provides that:
• An employer may not make any deductions from an employee’s remuneration unless:
a) Subject to subsection (2), the employee in writing agrees to the deduction in respect of a debt specified in the agreement.
b) The deduction is required or permitted in terms of a law, collective agreement, court order or arbitration award.
• A deduction in terms of subsection (1) (a) may be made to reimburse an employer for loss or damaged only if:
a) The loss or damaged occurred in the course of employment and was due to the fault of the employee
b) The employer has followed a fair procedure and has given the employee a reasonable opportunity to show why the deductions should not be made
c) The total amount of the debt does not exceed 25 percent of the employee’s remuneration in money.
For further information on any labour related matters, you can contact
Bernard Reisner :
W.Tel no 021 423 3959
Fax 021 423 2105
Cell 082 433 8714