2 (COMPLETE
ANSWERS) Semester
2 2025 - DUE 11
September 2025
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, Right to Issue the Statement
Yes, #23&24 has the right to issue the statement prohibiting leave during the last week of
December. This is because the Basic Conditions of Employment Act (BCEA) of South Africa
gives employers the right to determine the timing of an employee's annual leave. According to
Section 20(10)(a) of the BCEA, an employer and an employee can agree on when leave will be
taken, but if they cannot agree, the employer has the final say. An employer can refuse a leave
request if it's for a legitimate operational reason, such as the business being exceptionally busy
during a specific period. The statement is a clear communication of this operational requirement.
Ground for Dismissal
If #23&24 were to dismiss Tselani for his absence, they would likely rely on the ground of
misconduct. Tselani's intentional absence from work, in defiance of a direct instruction from his