A two-pronged approach: analysis of leave arising from the contract of employment in South Africa

Abstract

Employees generally look forward to their annual leave, and most take it when they can. However, some employees occasionally lose that right during a particular year. When they do so, they usually expect that their leave will accumulate and that, ultimately, they will either take a longer period of leave or claim cash in lieu of leave not taken, when they eventually resign or retire. Questions which then follow are whether and at what stage annual leave can be forfeited. Against this background, the purpose of this article is two-fold. Firstly, the article analyses the conflict that arises from statutory law and the contract of employment regarding the provision of leave. Secondly, the article examines the approach of the courts regarding the provision of leave. The article concludes by providing a solution which demystifies this conflict arising from statutory law and the contract of employment regarding the provision of leave.