Saturday February 3 2018

My ex-employer has refused to pay me, advise

Moses Ssesanga, Head Human Resource Monitor

Moses Ssesanga, Head Human Resource Monitor Publications Limited 

By Moses Ssesanga

I recently part timed as a cashier in a bar and restaurant that offered no offs and no allowances. I was only entitled to an end of month payment. However, when the month ended, the owner of the bar claimed she was not aware of any part-time arrangement. I had been posted to the job by an agency which could also not help. How can I handle this? I need to be paid.

You indicate you had a part time arrangement. This implies that you did not work full time and therefore you could not be entitled to day offs or allowances to be paid in lieu and, as you indicated, you were only entitled to a monthly wage. Its apparent that your arrangement with your part time employer was not in writing, specifying the terms and conditions, therefore the owner could easily give the excuse that he was not aware of the this arrangement.
The reality, however, is that by the owner of the business allowing you to work part time in his premises regularly, constituted a psychological employment contract, recognised by the law, where the two of you (yourself and the bar owner) verbally agreed to a contract as employee/employer and therefore you are entitled to pay.
The owner is infringing on your rights by trying to steal your pay and, in the process risking litigation if you decide to take that route.

What you only have to prove in a court is that you actually worked and can get witnesses who saw you serving customers or receiving instructions and executing assignments given by the owner.

It is also instructive that you were recruited by the agency you mention and this agency should come out to protect your rights.
I would finally advise you to always insist on written contract of employment before you offer your labour, but in this case, consult a lawyer to procure justice.

Moses Ssesanga
Head Human Resource
Monitor Publications Limited