My dishonest employer wants to cheat us off our dues - what to do?

Q. I am a casual worker with a local construction company.

In February this year, the organisation made payment for part of the work my colleagues and I had done in December 2016, promising to settle the balance later. We are yet to be paid. The organisation claims that we cannot account for the work we say we did. They have even dared us to go to court, a route that we don’t want to take for fear of losing the case.

What other avenues can we explore to get what is due to us? 

You describe an unfortunate experience with your employer. A suitable recourse will in part depend on whether you are still working for the organisation, an aspect that is unclear from your question. Besides a written or oral contract between an employee and employer, the psychological contract, which is dependent on the trust and goodwill existing between the parties, is a crucial component of that relationship. The latter appears to have been breached in your case.

Casual work is ideally meant to be performed, supervised and compensated daily. Issues of casual work having been performed over long periods without associated compensation are therefore the exception.

There is value in attempting to resolve the matter amicably. Negotiation with management would be a suitable option to consider. How many of you are similarly aggrieved?

What steps have you taken so far to address the situation amicably? Have you collectively sought audience with the management to have your complaints addressed?

What is the situation of those who continue to work for the organisation? How are they compensated? What is their number relative to those who are aggrieved?  

You are right; the legal option should not be the first to pounce on. Employment legislation provides for a casual employee who is aggrieved by the treatment of his employer under the terms and conditions of his employment to file a complaint with a labour officer. Have you considered this route?

If there is evidence that you indeed worked, have been denied considerable dues and the organisation remains adamant, you should perhaps leave the option of filing a collective suit open.