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
Trade mark your cannabis concept
Brand owners take note, the movement to legalise the possession and consumption of cannabis is real. With the growing global [...]
Hey administrator, did you consult with the public and stakeholders on that decision?
A win for communities and the environment, but yet another hurdle for an ailing mining sector. The impact of the [...]
Constitutional Court judgment: CCT 265/17 Maledu v Itereleng Bakgatla Mineral Resources
On 25 October 2018, the Constitutional Court in case number CCT 265/17 handed down judgment in an application for leave [...]
Dawn raid in a box
A dawn raid can be carried out on any business, big or small, and companies must be mindful of the [...]
New Commercial Courts to include intellectual property matters
On 3 October 2018, the Judge President of the Gauteng division of the High Court issued a Commercial Court Practice [...]
Different sanctions for employees who participated in an unlawful strike
By Jacques van Wyk, Director and Yusha Davidson, Candidate Attorney ISSUE Does the application of different discipline and issuing of [...]
