Legal updates and opinions
News / News
Sick leave and annual leave during the lock-down
By Andre van Heerden, Senior Associate; Jacques van Wyk, Director, Bradley Workman-Davies, Director; and Thabisa Yantolo , Candidate Attorney
Having regard to the above, a number of measures have been introduced, or are in the process of being introduced, to provide financial relief to employees and employers. The question remains, what is the position regarding annual leave and sick leave during the annual shutdown for employees who cannot work and are not infected (or suspected of being infected)?
Employees who are sick during the shutdown period will be entitled to sick leave in the ordinary course. Employees who exhaust their sick leave will be on unpaid leave. Of its own volition an employer may elect to provide ‘special leave’. This can be on full pay, or reduced pay.
An employer may compel an employee, during the shutdown period, to take annual leave. In instances where an employee is capable of working from home the employee cannot be compelled to take annual leave and work. Where annual leave is exhausted employees will be on unpaid leave. Of its own volition an employer may elect to provide ‘special leave’. This can be on full pay, or reduced pay.
Latest News
Constitutional Court weakens a key defence for respondents in historical competition cases
by Pieter Steyn, Director The recent decision by the Constitutional Court in the case involving the Competition Commission and Pickfords [...]
South African Airways in Business Rescue – No retrenchments until the business rescue plan requires it
by Bradley Workman-Davies, Director and Neo Sewela, Candidate Attorney On 9 July 2020, the Labour Appeal Court ("Labour Appeal Court") [...]
Collection costs under the National Credit Act, 2005
by Tracy-Lee Janse van Rensburg, Director and Juliet Siwela, Candidate Attorney Collection costs In accordance with the judgment handed down [...]
BOOKING.COM and public perception
by Donvay Wegierski, Director The United States Supreme Court of Appeal has held that the US trade mark applications pending [...]
Constitutional Court clarifies when a contract and its enforcement will be invalid for being contrary to public policy
by Pieter Steyn, Director In a recent judgement involving Beadica 231 CC and others and the Oregon Trust, Sale’s Hire [...]
URGENT update: Amendments to regulations for lockdown level 3
by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Thabisa Yantolo, Candidate Attorney On 31 July 2020 the [...]
