May my employer revoke long service leave days awarded now that I’ve resigned?
On 15 August it was my 5 year work anniversary and as per my contract, it stipulates ” A once-off 10 days additional leave will be granted to the employee after every five year of uninterrupted service. The employee may make use of this leave during the sixth or subsequent years, subject to agreement with the employer in terms of its leave policy and operational requirements. This leave will be granted only to employees receiving 23 days or less leave per year.” I did receive my 10 additional leave days. I then received another work offer and decided to resign from my current employer with my last day being 31 October 2017. When I inquired about the payment of my leave days, I was informed that they will be revoking my 10 additional days, as it falls under discretionary leave. I voiced my opinion and told my HR that I don’t agree with there decision, but my opinion was dismissed. I need to know whether they are in their legal right to not pay me for those 10 days.
If it’s paid leave then the contract is clear and mandatory. Stipulates that it ” will ” be granted. It cannot thus be discretionary. And the employee “may ” ( optional ) use it in the 6th or subsequent year … . Your opinion is correct. Write them a polite letter detailing your position or else you will be compelled to approach the CCMA for relief. Do so after you have collected all your entitlements and moved on into your new position. Congratulations on your new job, and all the best.