MICHAEL – CAN EMPLOYERS FORCE EMPLOYEES TO TAKE LEAVE
Employers can, in terms of the Basic Conditions of Employment Act, determine a leave date. Section 20(10) of the BCEA is absolutely clear.
However, the situation in the Janse Van Vuuren court case can be differentiated from the provisions of Section 20(10) as the flight captain was instructed to remain at home due to an operational reason of the employer. This, in my view, amounted to a type of suspension and certainly wasn’t leave in the sense intended in section 20(10).