Peter was employed by YY Shoes as a supervisor in the manufacturing department and worked 6 days a week. He has been working for the employer since 1st June 2014 and lived on the premises in a chalet at the back of the factory. He earned R5000.00 per month. He loved his work and hoped that he would be one of the Directors soon. He had not taken annual leave during the last year, 2020. He was horrified when he was called into the office and told that he would be retrenched effective from 31st May 2021. He now believes that the employer has betrayed him and is concerned that he will not receive all payments due to him. He was told by YY Shoes that he would be paid one month’s extra salary (R5000) on the 31st of May (2021) as severance pay. He wishes to know whether this is the correct amount and whether are there any other monies that he should receive. He was also told that he would be given one week’s notice to vacate the chalet.

In January 2021, Peter took 10 days sick leave for the first time in all his years of employment, but the employer told him that he was not entitled to be paid for these days because he had a certificate from a traditional healer rather than a medical practitioner. The certificate indicated that he was possessed by spirits and could not work, as the spirits affected his back and prevented him from walking properly. Bongani is upset about this because the traditional healer is well-known in the area and has a good reputation in the community for curing all problems.

What are the common law duties of an employee? Refer to case law and state whether Peter met his obligations to his company. If not, advise Peter on how he can meet the obligations.

Answer rating: 100% (QA)

Common law duties of an employee typically include 1 Duty of Performance An employee is obligated to perform their work diligently competently and in ... View the full answer