2 months unpaid salary - what should i do?

Peace

Hi,

I have found myself in a sticky situation. About 6 weeks ago the company i work for had its assets frozen, including bank account. The company owner was arrested on charges of fraud (relating to 20+years ago and a different company).

At the time i had 3 salary cheques un cashed (how stupid...i know) and all 3 cheques bounced due to the company account being locked. Since then my salary has been paid from the owners family account/personal assets and they paid off one of the cheques that bounced. However 2 are still outstanding, they said they didn't have enough personal assets available to cover all cheques.

I've read the Payment of Wages Act 1991 and section 6 says:

(4) A rights commissioner shall not entertain a complaint under this section unless it is presented to him within the period of 6 months beginning on the date of the contravention to which the complaint relates or (in a case where the rights commissioner is satisfied that exceptional circumstances prevented the presentation of the complaint within the period aforesaid) such further period not exceeding 6 months as the rights commissioner considers reasonable.

I'm getting a little concerned as the first salary cheque is dated the end of June and its now the end of October. The 6 month window will soon come around.

I have emailed the owner of the company last Firday saying that the outstanding money is becoming more urgent due to the fact i want to put a deposit down on a house (which is true) and the response was that they would "put matters right in the next couple of days" but gave no exact details or time frame.

Another thing which has got my attention is that last week they hired a new employee for a different section of the company. If they can't afford to pay my wages how can they afford to take someone new on and pay them????

I'm a little reluctant to start filling compoaints as it could turn really nasty in here. They obviously coudn't fire me as they are in the wrong. But they could make like very difficult for me.

I think i'll leave it till the end of this month and see if they put the outstanding 2 cheques in with this months salary and if not then register a complaint with the rights commissioner. I kept copies of my cheques that bounced and my pay slips and my bank account will show clearly what has and ahas not been transfered into my account.

I'm just wondering what anyone else would do given the same situation??? Anyone been in similar circumstances? Any leagal eagles out there?

homeOwner

Many moons ago I did some teaching work for a private school that went bust, I had 2 months wages outstanding (my own fault for not cashing the cheques the day I got them!). They had all sorts of excuses the day I turned up to find out why the bank refused to cash the cheque not knowing they had gone bust (the business closed their doors the following day). Read in the paper that the directors got their money that month, but the students were out of pocket as were the employees.

Bottom line, they owe you 2 months wages. Go to the most senior person in the company you can get to and ask for your money and tell them you are persuing it further if you dont get any money out of them.

I'm a little reluctant to start filling compoaints as it could turn really nasty in here. They obviously coudn't fire me as they are in the wrong. But they could make like very difficult for me.

It has already gotten nasty. Its a very black and white situation - you worked for them and they havent paid you. They know they havent paid you. If they are paying other people like you say, you can kiss your money goodbye - doesnt seem like they intend to pay you. Sounds like your boss has been doing some dodgy dealings in the past if bank accounts have been frozen. Are you the only person who hasnt been paid?

Peace

homeOwner wrote:

Are you the only person who hasnt been paid?

Another employee had a cheuque bounce but that was paid as was one of my own, with 2 left outstanding.

The salaries since the company assets were frozxen have been paid, as i mentioned, from the owners personal assets.

RainyDay

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