Advice regarding leave payout

[RogueTr00per]

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- There is a distinction between current leave and accrued leave (current is in the current yearly cycle an accrued will be any time after)
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Nice post. Did you not perhaps mean that 'accrued leave' is any time before the current yearly cycle?

 

[Kosmik]

My view...

Perfectly legal in terms of Labour Law. The BCEA governs the 15 day minimum it refers to with specific guidelines. Anything above this is at the will of the company. In other words, they aren't breaking any laws by not giving it to you and no law governs it so they can make up their own rules relating to the days above 15.

There is an element of contract negotiation that may be influenced by this. So it should be specified how leave is accrued and paid out in the contract. They still wouldn't be breaking any Labour Laws by not paying you out for accrual on anything more than 15 days per year even if it was specified. It does however become a civil matter and you can take legal action for breach of contract if this is the scenario.

It may also be an aggrivating factor in unrelated CCMA cases such as constructive dismisal, but I can't see that the CCMA has jurisdiction over that as a standalone case.

Additional leave is not at the will of the company. It has to be stipulated in either contract or company policy and the loss would have to be as well. In short, it needs to be fully documentation in all aspects otherwise it can be deemed to fall back on the BCEA as it has been stipulated as leave by the company to the employee.

 

[Brontosaurus]

Nice post. Did you not perhaps mean that 'accrued leave' is any time before the current yearly cycle?

Yeah sorry. Corrected. Thanks.