South Africa Case Law

Misra v Ithala Limited (D1074/12)

Misra v Ithala Limited (D1074/12) [2014] ZALCD 64 (19 November 2014)

Court

Labour Court Durban

Case number

D1074/12

Judge

Cele

The court held that the respondent's leave policy, which limited accumulation to 15 days above the normal entitlement and provided for automatic forfeiture of excess leave not taken timeously, conflicted with section 20(4) of the BCEA. The BCEA requires employers to grant annual leave within six months after the end of the leave cycle, and does not permit automatic forfeiture of leave not taken within that period. The applicant was entitled to payment for statutory leave accrued in the current and immediately preceding cycles, and the forfeiture clause was invalid to the extent that it purpor…

Source excerpt

• Leave Accrual
• Forfeiture Of Leave
• Basic Conditions Of Employment Act
• Employment Contract Interpretation
• Termination Benefits

Ludick v Rural Maintenance (Pty) Ltd (JS 633/07)

Ludick v Rural Maintenance (Pty) Ltd (JS 633/07) [2013] ZALCJHB 291; [2014] 2 BLLR 178 (LC) (30 October 2013)

Court

Labour Court Johannesburg

Case number

JS 633/07

Judge

Van Niekerk

The court held that the BCEA establishes a minimum standard for annual leave and its payment on termination. The Act does not permit unlimited accrual of leave, nor does it contemplate automatic forfeiture of leave not taken within six months after the end of a leave cycle. Contractual provisions that stipulate forfeiture of leave before the expiry of the statutory six-month period are less favourable than the BCEA and must be read down. The plaintiff is entitled to payment for annual leave accrued during the leave cycle ending 5 January 2006 but not taken, together with interest. Claims for…

Source excerpt

• Annual Leave Entitlement
• Basic Conditions Of Employment Act
• Forfeiture Of Leave
• Employment Contract Terms
• Termination Payments

Jardine v Tongaat-Hulett Sugar Limited (D849/02)

Jardine v Tongaat-Hulett Sugar Limited (D849/02) [2003] ZALC 33; (2003) 24 ILJ 1147 (LC); [2003] 7 BLLR 717 (LC) (23 April 2003)

Court

Labour Court

Case number

D849/02

Judge

Pillay

The Labour Court ordered Tongaat-Hulett Sugar Limited to pay Steven Christopher Jardine for 8.8 days of annual leave accrued on dismissal.

• Annual Leave Entitlement
• Basic Conditions Of Employment Act
• Leave Accumulation
• Forfeiture Of Leave
• Termination Benefits
• Annual-leave