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Post Info TOPIC: Applying for annual leave while on suspension
Anonymous

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Applying for annual leave while on suspension
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I am currently on suspension with full benefits, waiting on a disciplinary hearing and am most definitely going to be dismissed. The conditions of my employment states that I should stay contactable during this time. I have an accumulated leave days of 140 days of which only 30 will be paid on dismissal, this is according to our leave policy. Please advise whether I am able to apply for leave at this stage (while suspended) and would that mean that the disciplinary hearing can only be scheduled after the last day of my leave? Tia

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Labour Protect

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Good day, 

The short answer is no. 

The reason for this is simple the company has the discretion to approve leave, they will most likely refuse your leave. 

While you are suspended you are not to access the workplace or contact fellow employees, you are also receiving your full pay and benefits. If you took leave then you will be at home and receiving full pay. I can see only one reason for your request is to by time, you are hoping to delay the disciplinary hearing while being under suspension to receive a salary over this lock down period. You are hoping to use your leave and gain 30 days salary and then hopefully a week or two thereafter sit for your disciplinary hearing  and get paid. 

The company will not allow this also if you take leave by way of having a a manager allow the leave to be taken and the HR manager who will be attending the disciplinary hearing does not know you took leave they can and will hold the disciplinary hearing without you. The finding made at the disciplinary hearing will still be binding. 

If you have other evidence or information that was not disclosed then please contact an attorney.

Kind regards

LP



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