, MRL3702 Assignment 2 (COMPLETE ANSWERS)
Semester 2 2025 - DUE 11 September 2025; 100% correct
solutions and explanations.
1. Whether #23&24 has the right to issue the statement above
Yes, #23&24 (Pty) Ltd does have the right to issue such a statement,
but this right is not absolute and must be exercised within the
confines of South African labour law.
According to the Basic Conditions of Employment Act 75 of 1997
(BCEA), employers are entitled to regulate leave schedules in
accordance with operational requirements. Section 20(10)(b) of the
BCEA specifically provides that annual leave may be taken at a time
determined by the employer, if no agreement exists between
employer and employee. This means that, in principle, an employer
can refuse leave during peak business periods in order to ensure
continuity of operations.
The employer’s statement that "nobody must take leave during the
last week of December" is therefore a legitimate exercise of
managerial prerogative, particularly because this period is
demonstrably the busiest season for the business. Courts have
recognised the importance of operational requirements in decisions
concerning the scheduling of leave. In Ludick v Rural
Maintenance (Pty) Ltd [2014] 3 BLLR 258 (LC), the Labour
Court confirmed that the employer has the right to determine the
timing of leave, provided it does not deprive employees of their
entitlement altogether.
However, the Constitution of the Republic of South Africa, 1996,
specifically section 15 (freedom of religion) and section 31
(cultural, religious and linguistic rights), protects Tselane’s right to
practice his religion. Employees are entitled to request leave or
Semester 2 2025 - DUE 11 September 2025; 100% correct
solutions and explanations.
1. Whether #23&24 has the right to issue the statement above
Yes, #23&24 (Pty) Ltd does have the right to issue such a statement,
but this right is not absolute and must be exercised within the
confines of South African labour law.
According to the Basic Conditions of Employment Act 75 of 1997
(BCEA), employers are entitled to regulate leave schedules in
accordance with operational requirements. Section 20(10)(b) of the
BCEA specifically provides that annual leave may be taken at a time
determined by the employer, if no agreement exists between
employer and employee. This means that, in principle, an employer
can refuse leave during peak business periods in order to ensure
continuity of operations.
The employer’s statement that "nobody must take leave during the
last week of December" is therefore a legitimate exercise of
managerial prerogative, particularly because this period is
demonstrably the busiest season for the business. Courts have
recognised the importance of operational requirements in decisions
concerning the scheduling of leave. In Ludick v Rural
Maintenance (Pty) Ltd [2014] 3 BLLR 258 (LC), the Labour
Court confirmed that the employer has the right to determine the
timing of leave, provided it does not deprive employees of their
entitlement altogether.
However, the Constitution of the Republic of South Africa, 1996,
specifically section 15 (freedom of religion) and section 31
(cultural, religious and linguistic rights), protects Tselane’s right to
practice his religion. Employees are entitled to request leave or
