Have a question - Maternity leave and bonusses

[Jacques#1]

Hi

This may have come up, but I figured I'd just ask again for someones input.

My wife is on maternity leave....

1. Would a letter of resignation a month before she returns from maternity leave (completely unpaid - legal but rubbish after long, loyal service) to allow the "calendar month" be legal/ethical (don't give me that look, her employer has never cared about any of the employees, she's put in more work than most of the people there for the better halve of a decade, works lunch times, always on time, always last to leave and still they just don't care about growth within the company......long story)

2. If the rest of the company gets bonusses, surely she must also be entitled to get a bonus, for work completed up to her 1st day of leave? Am I right? If this was not to happen (which I have a strong suspicion may be the case) what would be my approach to management, and knowing their arrogance eventually the CCMA?

[Dave A]

What is their stated reason for dismissal?
Edit: Me idiot

[sterne.law@gmail.com]

The BCEA says notice may never be served during a period of leave. It does not specify what leave but we can read into it annual. Morally and ethically i do not see an issue with notice during maternity. The role of notice is to give the company an opportunity to seek a replacement or make alternative arrangements. in light of the fact that the company has some form of arrangement in place, they are not caught in a tight spot.
This happens often as teh mother realizes sghe wishes to have more time at home. I do not believe you should let this worry you.

[sterne.law@gmail.com]

The bonus issue will depend much on the contract, past practices and any policies and procedures related hereto.

[Jacques#1]

The bonus issue will depend much on the contract, past practices and any policies and procedures related hereto.

Basically, the entire company will get bonus, from the cleaner, to the MD, they may overlook her since she is not at work. (I know this sounds dumb, but you havent seen the stunts these guys pull!)

[sterne.law@gmail.com]

Well she is still an employee. You would probably have a case for discrimination based on pregnancy, with a few variations of actual referral. The essence would be that she is not getting a bonus purely because she has been away for 4 months, due to pregnancy. i would be lying if i said I know if a case like this has been raised before but will check to see if I can find any. This said, theres always a first time!!

[BBBEE_CompSpec]

I am handling one of those at the moment. I can come around and show you what you can do if you want me to. Its just a visitation with some advice, thats all. And it gives me something to do.

[Jacques#1]

I am handling one of those at the moment. I can come around and show you what you can do if you want me to. Its just a visitation with some advice, thats all. And it gives me something to do.

Its not there yet......but thank you. I am waiting to see what happens and making the necessary preperations incase it happens. If it does happen I will let you know.