MRL3702
Assignment 2
Semester 2 2025
Due 11 September 2025
, MRL3702
Assignment 2
Semester 2 2025
Due 11 September 2025
Advice to Tselani
Tselani is employed as a manager at #23&24 (Pty) Ltd, a company that produces and
sells exclusive tobacco products, primarily to middle-class youth who treat smoking as a
lifestyle choice. While the business performs consistently well throughout the year, sales
peak during the last week of December when most consumers are at home. During this
critical business period, Phiri, Tselani’s senior manager, issued a roster and a statement
prohibiting all employees from taking leave, emphasizing that non-compliance would
attract disciplinary measures, including possible dismissal.
At the same time, Tselani serves as an intern pastor at Ko-kerekeng of God (KG),
where he is required to deliver sermons daily in the last week of December. He is
therefore torn between his managerial obligations at #23&24 and his religious
obligations at KG. Importantly, he has not yet taken his annual leave entitlement. With
this background, the following legal issues require consideration.
1. Whether #23&24 has the right to issue the statement (2)
Yes, #23&24 has the right to issue the statement. In terms of section 20(10)(b) of
the Basic Conditions of Employment Act 75 of 1997 (BCEA), if the employer and
employee cannot agree on the timing of annual leave, the employer may determine
when such leave is to be taken.¹ This provision recognizes the employer’s prerogative
to manage leave in line with operational requirements.
Furthermore, section 20(4) of the BCEA requires that annual leave be granted within
six months after the end of the leave cycle.² Provided this condition is satisfied, the
Assignment 2
Semester 2 2025
Due 11 September 2025
, MRL3702
Assignment 2
Semester 2 2025
Due 11 September 2025
Advice to Tselani
Tselani is employed as a manager at #23&24 (Pty) Ltd, a company that produces and
sells exclusive tobacco products, primarily to middle-class youth who treat smoking as a
lifestyle choice. While the business performs consistently well throughout the year, sales
peak during the last week of December when most consumers are at home. During this
critical business period, Phiri, Tselani’s senior manager, issued a roster and a statement
prohibiting all employees from taking leave, emphasizing that non-compliance would
attract disciplinary measures, including possible dismissal.
At the same time, Tselani serves as an intern pastor at Ko-kerekeng of God (KG),
where he is required to deliver sermons daily in the last week of December. He is
therefore torn between his managerial obligations at #23&24 and his religious
obligations at KG. Importantly, he has not yet taken his annual leave entitlement. With
this background, the following legal issues require consideration.
1. Whether #23&24 has the right to issue the statement (2)
Yes, #23&24 has the right to issue the statement. In terms of section 20(10)(b) of
the Basic Conditions of Employment Act 75 of 1997 (BCEA), if the employer and
employee cannot agree on the timing of annual leave, the employer may determine
when such leave is to be taken.¹ This provision recognizes the employer’s prerogative
to manage leave in line with operational requirements.
Furthermore, section 20(4) of the BCEA requires that annual leave be granted within
six months after the end of the leave cycle.² Provided this condition is satisfied, the
