Background & Employment History
Role: Bookkeeper / Data Capture Specialist
Period of Salaried Employment: 1 March 2020 – May 2026 (6 completed years)
Baseline Salary: R9,825.00 gross per month
Jurisdiction: South Africa (employer based in Gordons Bay, Western Cape)

Key Facts & Timeline:
27 May 2026 — Initial Retrenchment Communication: On 27 May 2026, my employer notified me via email that due to operational changes, my salaried role was ending and proposed transitioning me to an independent contractor (hourly rate) effective 1 June 2026.
Backdating Request for SARS/UIF: To optimize the tax treatment of my severance package, the employer proposed backdating my official termination date on paper to 28 February 2026. I agreed in writing to backdate the termination date for payroll and SARS purposes.

March – May 2026 Work & Remuneration: During March, April, and May 2026, I performed my normal, full-time daily bookkeeping duties and received my regular gross monthly salary. At that time, I had no knowledge that retrenchment was being considered.
June 2026 — Transition to Independent Contractor: On 1 June 2026, I transitioned to an independent contractor model at R78/hour.

Severance Benefit Paid: In July 2026, the employer paid my statutory retrenchment severance package (calculated on 6 years of service).

Dispute over Notice Pay:
Notice Pay: The employer refuses to pay statutory notice pay (4 weeks / R9,825.00), arguing that because I received full monthly salary for March, April, and May 2026 while working, notice was “effectively served and paid in full”. I contend that salary paid for actual work performed before retrenchment notification cannot retroactively be reclassified as notice pay.

Questions for Legal Counsel:
Statutory Notice Claim: Under the Basic Conditions of Employment Act (BCEA), do I have a strong legal case to claim 4 weeks’ payment in lieu of notice (R9,825.00) despite agreeing to backdate the termination date to 28 February 2026 for SARS purposes?
Recommended Forum: Should this matter be referred to the CCMA (under Section 73A / BCEA claims for outstanding payments) or handled via a formal demand letter?