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Post Info TOPIC: Leave day dispute - Retrenchment
AV

Date:
Leave day dispute - Retrenchment
Permalink   
 


Hi,

I was hoping you could please advise me on an issue I am having with my current employer during my retrenchment negotiations.

According to our company leave system, an IT system called MyFocus, where we submit leave, get approval for leave and manage our leave, I have 15.35 leave days left. My employer is now saying that the system is incorrect and that an audit has revealed that I have -29.66 days leave, meaning that I owe them money for leave days. 

They have said that they are prepared to waiver the -29.66 days leave and make it 0 leave days, which would mean I don't owe them for leave days and they don't pay out my leave days (which according to the system is 15.35 days) 

My employer is claiming that leave discrepancies go back as far as 10 years when we were on a manual system. They further claim that during the switch over period to the electronic MyFocus system (in 2015), discrepancies were noted.

At the time of switch over from the manual system to the new electronic MyFocus system (in 2015), leave days were taken away from me and I was informed by HR regarding the discrepancies. On 9 November 2015 a memo was circulated by HR stipulating that an audit has been conducted, noting discrepancies between the systems and stating that: "Moving forward, leave balances should be correct".

Over the last 10 years I have taken leave according to the balances provided by my HR department, which they are now claiming had been incorrect all along. 

Surely this is not acceptable and they cannot hold me responsible for discrepancies they themselves did not pick up until now.

Your advise in this matter would be greatly appreciated.  

AV.

 



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LABOUR PROTECT

Date:
Permalink   
 

Good day,

with regard to annual leave we refer you to the link as represented below.

http://www.labourprotect.co.za/Leave.html

kindly note that leave expires 6 months after the end of the annual leave cycle and then begins at 0 again. in you case i would advise that you consult an attorney. 

LP



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