n Tydskrif vir die Suid-Afrikaanse Reg - "Use it or lose it" - some comments regarding the forfeiture of untaken leave : regspraak

Volume 2004, Issue 3
  • ISSN : 0257-7747
  • E-ISSN: 1996-2207



In the court had to consider whether forfeiture of accumulated leave is permissible in terms of the Basic Conditions of Employment Act 75 of 1997.

In this case the company dismissed the employee for misconduct. Upon his dismissal the employee had 48.8 days accumulated leave, but according to company policy accumulated leave may not exceed 40 days. This resulted in the employee (Mr Jardine) forfeiting 8.8 days annual leave pay amounting to R8 327-13. The employee instituted action in the labour court claiming that forfeiture of the 8.8 days leave is not allowed in terms of the Basic Conditions of Employment Act.

Loading full text...

Full text loading...


Article metrics loading...


This is a required field
Please enter a valid email address
Approval was a Success
Invalid data
An Error Occurred
Approval was partially successful, following selected items could not be processed due to error