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Post Info TOPIC: calculation of leave pay on termination
Anonymous

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calculation of leave pay on termination
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My daughter was on maternity and she agreed to work part time for the company while on maternity leave from home. The agreed they would pay half her salary rate for the hours she worked from home. Even though one cant give notice while on maternity they have accepted it. The have agreed to pay the leave days due to her but only at the rate of pay they paid her while on maternity and not at the original rate on her contract of employment. If she is wants to dispute it they are taking it to a lawyer and should the lawyer prove they dont have to pay at her full time monthly rate she will have to pay the lawyer fees.

Can they do this?

Thank you



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Anonymous

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My understanding of this matter include the following: 1. The employee commenced maternity leave (unknown date, unknown duration) 2. The Employer and employee reached consensus regarding temporally assistance from home and the agreed upon remuneration would be half of the employee's ordinary daily remuneration (unknown whether it was paid accordingly). 3. It is not clear which "notice" the employee refer to, whether it is notice that she terminate her temporally employment, whether notice is referred to relating to the fact that the employee commenced labor or other. 4. It seems that the employer and employee dispute ordinary leave days accumulated during ordinary employment, it is a reasonable conclusion to assume that the employer and employee probably entered into an agreement that has stated that the employee will work temporally hours from a remote location in exchange for half her salary pay together with the fact that the employer will pay leave days. Therefore, am I correct to say that LEAVE PAY in connection with an agreement is the ONLY dispute here? Further kindly elaborate on the "notice" that the employee made reference to, as soon as this information is received will I be able to provide an accurate answer, at this stage, with the information at hand, this matter can be argued in a lot of directions. Regards Rautenbach& Associates

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