The Impact Of Public Holidays During 2011

During 1994, when the representatives of the former Business South Africa were engaged in the negotiation of a new Public Holidays Act at NEDLAC level, concerns were expressed about the so-called ‘monday rule’ as an incentive to create long weekends during certain calendar years by taking one or more days leave which may impact on the normal week.

The ‘monday rule’ entrenches the principle where any public holidays listed in the Public Holidays Act of 1994 falls on a Sunday, it automatically transfers to the next Monday which then becomes the public holiday. There are two public holidays during 2011 falling on Sundays, namely 1 May and 25 December. This means Monday, 2 May will be the public holiday but occurs a week after the Easter week-end. By taking normal leave on 26, 28 & 29 April, employees may create a break from work from the close of work on 21 April (Thursday) to the start of work on 3 May 2011 (Tuesday), two days short of two weeks. The threat is not with the employees taking legitimate leave on those days but rather those who do not and then stay away from work or claim to be sick.

The matter could be complicated further by the pending 2011 Municipal Election. Should previous practice be followed, it is likely the, to be announced date, will be proclaimed a public holiday. There is speculation that the election will be held before the end of May 2011. The building industry in KwaZulu-Natal is not regulated by any collective bargaining agreement prescribing how this is to be managed. There are obviously contracting employer members of the Association who may consider coming to an agreement with their employees working (or not working) on 26, 27 & 29 April to minimise any potential disruptions.

The situation regarding 25 December 2011 may be tricky due to the interpretation of the relevant statutes. The Labour Appeal Court held that a public holiday that falls on Sunday does not cease to be a public holiday. The question arises what happens on 26 December 2011 (Day of Goodwill) which falls on a Monday, and is already a public holiday and how this is interpreted and applied in terms of Section 18 of the Basic Conditions of Employment Act of 1997. It would be the ultimate irony should 27 December 2011, not a scheduled public holiday in terms of the Public Holiday Act, be regarded as a paid public holiday in terms of the Basic Conditions of Employment Act.

Pieter Rautenbach