Employers have been warned by a labour law specialist at Cliffe Dekker Hofmeyr to plan carefully for the public holidays this year. There will be some additions to the usual public holidays in 2011, thanks to the Monday rule, and some tempting long weekends that only require one day’s leave. If employers don’t plan in advance, they might suffer a costly loss of productivity, which could have a snowball effect on the economy.

“For example, the 1st of May and 25 December 2011 are public holidays that fall on a Sunday. In terms of the Public Holidays Act, Monday 2 May becomes an additional public holiday. Having two days away from work for one public holiday impacts on working arrangements and shifts and this needs to be considered in advance by employers. The result is that collective agreements may govern public holidays, working arrangements and shifts,” explains Faan Coetzee, director in the Employment Law Practice at Cliffe Dekker Hofmeyr business law firm.

Coetzee says that the Court has not as yet had an opportunity to consider what happens when the day after a Sunday public holiday, is also a public holiday as will be the case with Sunday 25th and Monday 26th December 2011.
“In RANDFONTEIN ESTATES LTD v NATIONAL UNION OF MINEWORKERS, the Labour Appeal Court held that a public holiday that falls on a Sunday does not cease to be a public holiday; all that happens is that the next Monday automatically becomes an additional public holiday. Following that logic, they have yet to decide if Tuesday, 27 December 2011 will also become a public holiday. If so, the cost and operational impact on employers may be significant,” he says.
“Employers can expect requests from employees to take off Monday 9 August 2011 as National Womens’ Day falls on a Tuesday; Friday 17 June 2011 following Youth Day; as well as the day following Heritage Day on Thursday 24 September 2011. Employers may wish to make timeous arrangements with employees to work in the Monday and Friday respectively in order to avoid the costs of unplanned absenteeism and loss of productivity,” Coetzee adds.

Written by Faan Coetzee, Director, Employment Law, Cliffe Dekker Hofmeyr