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  • #864 Reply

    Hi there.

    Please help.  I applied for annual leave but it was refused.  Do I have any right just to take leave and deal with the fallout when I get back…

    #865 Reply

    If your employer refuses to consent to your annual leave, here are some steps you can take:

    1. Review Your Employment Contract: Check your employment contract and company policies regarding annual leave. These documents often outline the process for requesting leave and any conditions under which leave can be refused.
    2. Understand the Legal Framework: According to the Basic Conditions of Employment Act, employees are entitled to a minimum of 21 consecutive days of annual leave per year. Employers can refuse leave based on current operational requirements, but they must provide a valid reason.  For example if you are a picker, do not expect to be able to take leave at harvest time.  Leave will probably be possible when things slow down.
    3. Communicate with Your Employer: Have a discussion with your employer to understand their reasons for refusing your leave request. Sometimes, leave can be rescheduled to a more convenient time for both parties.
    4. Seek Mediation: If you cannot reach an agreement, consider seeking mediation through your company’s human resources department or a workplace mediator.
    5. Contact a Trade Union: If you are a member of a trade union, they can provide support and advice on how to handle the situation.
    6. Legal Advice: If the issue remains unresolved, consider seeking legal advice from a labour lawyer to understand your options and rights.

    It’s important to approach the situation calmly and professionally to find a mutually agreeable solution. I hope you come right…

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