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n Tydskrif vir die Suid-Afrikaanse Reg - "Use it or lose it" - some comments regarding the forfeiture of untaken leave : regspraak
In Jardine v Tongaat-Hulett 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.
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