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Post Info TOPIC: Forced Leave
Anonymous

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Forced Leave
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I would like to know if my company is allowed to place me on annual leave during a fraud investigation at work. They have told me that if I don't take the annual leave they will give me unpaid. I have been on annual leave for 2 weeks and I went back and they said that the investigation was not finished and that I have to take another two weeks. I feel that this is not fair on my part as I have done nothing wrong and the people that have admitted doing fraud are still working Kind Regards

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Labour Protect

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Good Day

 

we refer you to: Sappi Forest (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (D813/06) [2008] ZALC 129; [2009] 3 BLLR 254 (LC); (2009) 30 ILJ 1140 (LC) (31 January 2008)

at para 8:

the position at common law has always been that an employer who suspends an employee without pay commits a breach of the contract of employment. An employer may suspend without pay if the employee so agrees or legislation or a collective agreement authorises the suspension. There was no agreement that the employee’s suspension would be without pay. In so far as the suspension with pay pending criminal proceedings was an unreasonable hardship upon the employee, it always remained opened to the employer to institute disciplinary proceedings as soon as possible provided its policy allowed it to do so.

Note that we view this judgement as normal pay and not pay in terms of annual leave not take.

LP



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