Please is it lawful for an employer to claim that an ex-employee was absent from work for 54 days in three months without authorization and as such will deduct the monetary value from his (ex-employee’s) outstanding salary payments.
Please note the following:
The ex-employee was never queried (orally or written) on such issue while he worked their.
The 3 months in question are part of months he’s being owed.
Secondly is it not a breach of contract if the employer doesn’t pay salaries as and when due? Under such working condition is still binding on the employees to report for work as and when due?
Thank you for contacting us, an employee/employer relationship is a contractual situation. The employee is contracted to appear at the workplace and to work. If he/she does not, that is a breach of contract and technically an employer may it be permissible the deduct the monetary value.
While the proper process would have been to query the employee, the fact that he/she was not queried does not automatically mean they cannot revisit the issue. Although good practice would have been that they were queried immediately.
With respect to your second question, non-payment of salary is a breach of contract and the employee is free to terminate the contract on that basis. However the fact that the employer breached its obligation does not give the employee the legal right to commit its own breach. The correct process would have been for the employee to terminate the contract and then stop reporting to work.
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