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Moderator: Andrec

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Joined: 16 Jun 2011, 17:43


Unread post by ssarjoo » 16 Jun 2011, 17:52

A supervisor in our department lost his brother in a car accident. The funeral was a distance away and as the closest male relative he went to the farm to start the funeral proceedings.

He called the company and informed of his predicament and we agreed that he could sign the applicable compassionate leave forms on his return.

Sadly, due to a family conflict and no will being left, the spouse of his deceased brother would not give the attending siblings copies of the death certificate to submit for work leave purposes.

As the death had been verified, (deceased was known to many co-workers), the manager escalated to a senior manager and obtained permission to allow the employee to submit a funeral service and death notice copies in lieu of the death certificate.

Now HR has said that it is against policy and will not accept even as discretionary management decision based on unique circumstances ( and no previous abuse) by said employee for leave and insists that it must either be unpaid or annual leave.

What can be done for this employee as he has lost a brother, every other staff member gets compassionate leave and now we have to take it out of his rather depleted annual leave or not pay?

Please advise

Jan du Toit
Posts: 4622
Joined: 18 Jun 2009, 14:35
Location: Gauteng


Unread post by Jan du Toit » 17 Jun 2011, 08:57

The reality is that if he does not have any proof then the employer does not have to pay him for compassionate leave. Reasonable proof could also include a funeral letter / program.
Jan du Toit is available to assist employers with all IR related matters.

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