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

Martin v Western Cape Education Department and Another (C 223/04)

Martin v Western Cape Education Department and Another (C 223/04) [2007] ZALC 94; [2008] 3 BLLR 273 (LC); (2008) 29 ILJ 1190 (LC) (6 December 2007)

Court

Labour Court

Case number

C 223/04

Judge

Molahlehi

A Labour Court claim for payment of accrued leave on resignation was dismissed because the ELRC resolution did not provide for resignation payouts.

• Leave Accrual
• Public Sector Employment
• Implied Terms
• Collective Agreements
• Unfair Labour Practice
• Accrued-leave