Martin v Western Cape Education Department and Another (C223/04)
Martin v Western Cape Education Department and Another (C223/04) [2007] ZALCJHB 3 (6 December 2007)
The court found that both the ELRC resolution and the PSCBC resolution are silent on the payment of accrued leave upon resignation, and only provide for payment in cases of death, retirement, or medical boarding. The language and framework of the resolutions indicate that resignation was intentionally excluded as a qualifying event for payment of accrued leave. The applicant failed to establish that a term should be implied into the resolutions to allow payment upon resignation. Furthermore, the applicant did not prove that the respondent was responsible for his inability to take leave, as th…
Source excerpt
- Leave Entitlement
- Implied Terms In Contract
- Educator Leave Regulations
- Elrc Resolution
- Pscbc Resolution