For the past year Gadija has worked every Saturday and Sunday as a part-time shelf-packer for ShopFast She works up to 20 hours on a weekend. She had a bad flu’ over one weekend, informed her manager that she was too ill to work, and stayed in bed at home. Even though she provided a doctor’s certificate, ShopFast refused to pay her for the days she was ill.

WHAT DOES THE LAW SAY?

Gadija is protected by the BCEA which says that an employee who works more than 24 hours during any month earns one day sick leave for every 26 days worked. (See BCEA – Sick leave)

WHAT CAN YOU DO?

Write a letter to the employer setting out the circumstances and stating what the law says about part-time employees and sick leave. Refer them to the relevant section in the BCEA. If the employer ignores the letter, refer the matter to the Department of Employment and Labour [2023CCUpdate] or to the CCMA in terms of the Minimum Wage Act, Section 73A. This process involves sending the CCMA Referral of Dispute Form 7:11 to the employer and then sending it to the CCMA and ticking Section 73A under ‘Nature of Dispute.’