Q&A

WiseUp gives you the answers to your questions.

Question: Can an employee be recalled from leave if the need arises at work?

Answer: Considering that the right to fair labour practices is protected in the Constitution as a human right, employees often wonder whether their leave can be cancelled. Labour legislation does not specifically deal with this scenario, however, the aspect of recalling employees from leave may be dealt with in an employment contract or the employer's leave policy. Even though an employer can under certain circumstances recall an employee from leave, it should ideally be as a matter of last resort and based on the employer's operational requirements with a justifiable reason and refund of leave days.

Question: Does a learner need a sick note when absent from school? 

Answer:  The right to have access to basic education is not impacted when a learner gets ill and schools should accommodate absence from school due to genuine illness. Schools are, therefore, entitled to ask for a sick note. Recent developments in legislation places a direct duty on an educator to promote and monitor the attendance of learners, and the governing body must ensure that the code of conduct deals with school attendance. If a learner has been absent for three consecutive days without valid reason, an educator must report the absence to the principal. The principal will then contact the parent or guardian of the learner to find out the reason for the absence. Generally, schools require a sick note if the learner is absent for three days, if they miss an exam or a test.

Question: Can a conversation be recorded without your consent?

Answer: Your right to privacy of your communications, which includes conversations you have with others, is protected under section 14 of the Constitution. As much as your right to privacy is an essential right, however, it is not a complete right and can be limited under certain legal circumstances. In South Africa, voice recordings are primarily governed by the Regulation of Interception of Communications and Provision of Communication-Related Information Act 70 of 2002 ("RICA"). This legislation sets out the general rule that intercepting communications without consent is illegal, but it also underpins key exceptions to this rule. According to Section 4 of RICA, it is legal for a person to record a conversation if they are a party to that conversation. This means that if you are directly participating in a discussion or meeting, your consent is not required if others in that conversation want to record it. However, it is always advisable to inform others if a conversation is being recorded. 

Question: Can Gender Based Violence be considered a violation of a person's human right?

Answer:  According to the UN Refugee Agency, gender-based violence (“GBV”) is violence committed against a person because of his or her sex or gender. It takes on many forms, such as physical violence, coercion, sexual assault to name a few. GBV violates numerous Constitutional rights, including the right to life, equality, dignity and the right to be free from all forms of violence.

Did you know…It is legal for a person to record a conversation if they are a party to that conversation.