Labour law advice - non payment of overtime

[bmw1za]

Hi Gang 

 

I have this situation where my employer refuses point blank to pay outstanding overtime for over a year ... 

 

I have been to HR, Management , upper management but not getting any joy .

 

I have my time sheets, Rosters as well as access control records validating my time on site and shift reports logged for all shifts worked. 

 

NB I am a shift worker and have Not agreed to work extra hours, however i get scheduled longer hours and i cant get out of it because i then get charged ( Disciplinary hearings), for not working the additional hours . 

 

Any guidance or assistance is greatly appreciated and valued 

 

Grant 

 

 

[MTBeer]

CCMA?

[bmw1za]

That is the plan thanks.. just thought to get insight before jumping guns

[DJR]

It does not sound like you want to work for them any longer than you have to.

 

If you have another ship to jump to, them make sure you get what is due to you, but don't burn your bridges. Make sure you stay courteous and always on the right side of the law yourself. Do absolutely everything in writing.

 

If you have no choice but to keep working for them, then consider carefully what you do, because an acrimonious affair may just put you on the top of the to-be-retrenched list.

[Ispeed_V]

Do have written confirmation that overtime will be paid? If yes, then CCMA.

[Letum911]

CCMA won't do the trick as they do their utmost best not to deal with outstanding monies. Department of Labour will be your first door to knock on.

[bmw1za]

Union just told me the same thing

[Mudsimus]

Do you have proof that the overtime is a mutual agreement? If not you might fight a loosing battle. Lots of employees work unauthorized overtime at great cost to companies. They have no obligation to pay this unless the overtime was authorized.

[IceCreamMan]

You don’t say why they are not paying.

 

How much money we talking about?

[bmw1za]

225 hours outstanding ... i get scheduled for overtime hours , if I decline it I get disciplined in a hearing for abandoning post . So I'm stuck working excess hours but for my basic salary . No agreement in place agreeing to work overtime .. however every single other operator in my department gets their overtime paid .. some up to 150 hours each per month. No I am not making that up.

[Mudsimus]

225 hours outstanding ... i get scheduled for overtime hours , if I decline it I get disciplined in a hearing for abandoning post . So I'm stuck working excess hours but for my basic salary . No agreement in place agreeing to work overtime .. however every single other operator in my department gets their overtime paid .. some up to 150 hours each per month. No I am not making that up.

If you are scheduled the hours then you are entitled to it. Contact the DOL, they are very quick to react to cases like this.

[IceCreamMan]

225 hours outstanding ... i get scheduled for overtime hours , if I decline it I get disciplined in a hearing for abandoning post . So I'm stuck working excess hours but for my basic salary . No agreement in place agreeing to work overtime .. however every single other operator in my department gets their overtime paid .. some up to 150 hours each per month. No I am not making that up.

That would be a lot of money.

 

Are you saying they view the extra hours as part of your normal hours?

 

What does your employment contract state?

 

There are laws against excessive overtime.

[bmw1za]

That's 225 hours over 12 months.. my overtime is no more than 10 hours a week ... manager keeps giving excuses about investigating my time sheets cos I supposedly fill it in incorrectly .. 12 months in a row ! I'm working there 25 years .. this is a recent trend , discrimination / victimisation

[IceCreamMan]

Did they previously pay you overtime then just stopped? And have you signed a new employment contract at around that time when they stopped paying you overtime?

 

Something is amiss here, without a doubt. If you pursue this you should realise you are a marked man within the organisation. I would seek resolution within the company first failing which outside.

[Plentipotential]

There is something missing here. What does your employment contract state, that's the 1st step. You have not answered the question "were you paid overtime in the past?" The other members of staff getting paid overtime, do they do the same job as you?

 

It could very well be a case of them wanting to see the back of you.

[bmw1za]

Yes it was paid previously without problems .. then suddenly stopped . Manager reports that the error is on my side and the big chiefs upstairs take his word for it. Struggling to get anyone to properly audit me , financially as well as in terms of labour laws and time management principles