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
Sexual harassment in the workplace – a balanced consideration
By Bradley Workman-Davies, Director and Kelly Sease, Candidate Attorney On 18 March 2022, the Minister of Employment and Labour (“Minister“) [...]
ChatGPT: Yet Another Hurdle for Data Privacy?
Data Privacy & Cybercrime ChatGPT is an OpenAI[1] developed artificial intelligence (AI) chatbot which has been programmed to have advanced conversational [...]
When your data depository and platform are the biggest, competition law becomes important or a problematic weapon!
"...In so doing, Google has engaged in exclusionary conduct that has severely weakened, if not destroyed, competition in the ad [...]
The Twitter data hack
Data Privacy & Cybercrime by Ahmore Burger-Smidt, Head of Regulatory Practice and Chiara Ferri, Candidate Attorney In the first week [...]
Re-inventing the wheel or balancing the scales?
Digitalisation, globalisation and the COVID-19 pandemic have made certain online platforms (along with their products and services) integral to the [...]
The myth of consent: Big tech meets (big) data protection
Data Privacy & Cybercrime Consumers rely on digital platforms such as Google, Amazon and Takealot to gain wider and more [...]