Question:

The issue essentially revolves around the payout of leave. I have accumalated 33days of leave. The company does not want to pay out all the leave, and pulled a clause out of my contract saying that all leave accumalated in a year needs to be taken in that year (we get 15 days leave a year). Essentially implying I can only be paid out on 15 days, though they have offered a middle ground where some 25 odd days are paid out. I’m unhappy as this is a policy which has never been mentioned or implemented and have been caught out. They’ve also waited until the last week of my notice period(60 days) to bring this up, which really leaves me no opportunity to take any of this leave. Where do I stand on this matter?

Answer:

Strictly speaking the law requires no accumulation however if the company has consistently practiced this they are obliged to fulfill their obligations. Equally by law all accrued leave must be paid out. Further it is onus of company to ensure an employee takes leave and doesn’t accumulate it. Thus they are also in the wrong for not doing so. I suggest that you state this and that you will lay a formal complaint with Dept.of Labour for unpaid leave in full amount and ask that the Department of Labour do a full audit of the company’s leave structures. They definitely will not enjoy this. Say further that if you are paid what’s due you will not contact the Department of Labour.

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