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Question
Posted by: Very angry employee | 2011-01-13

LEAVE

I have been working for this company for ten years. Recently they started retrenching staff and we are now waiting with bated breath to see who will be next! We did receive letters of appointment when we commenced employment. During December last year we were advised by management that there are staff members who owe the company leave going as far back as 2002!!! Now they have told us that they are going to deduct money from our salaries each month until our leave has been paid back! My question is : How can they, so many years down the line, want to correct their leave records and expect the staff to pay back what is owed to the company. Every time we apply for leave, they grant the leave without checking first whether there is leave available to us. The way I see it, they should''ve kept their records up to date and declined leave if there was none available to take! I feel that we (employees) are being severely prejudiced now by their actions. None of us can afford to have one days'' pay taken off every month! Are they allowed to do this? We did not sign employment contracts or receive letters of appointment! We have furthermore not received increases or bonuses for the past three years as they claim that there is no money, yet they spend money on parties and gifts for their customers. How unfair is that? Your advice would be appreciated.

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Our expert says:
Expert ImageLabour lawyer

Re: Leave

They cannot claim back leave that was granted to you.

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6
Our users say:
Posted by: Labour Lawyer | 2011-01-28

Re: Leave

They cannot claim back leave that was granted to you.

Reply to Labour Lawyer
Posted by: Useful | 2011-01-18

Lots of useful advice posted on Cybershrink but where is the lawyer?

Reply to Useful
Posted by: Very angry employee | 2011-01-17

NO I DID NOT TAKE ADVANTAGE OF THE FACT THAT THEY DID NOT DO THEIR JOBS PROPERLY i.e. keeping leave records up to date. My pay slip at one stage showed that I was due 79 days leave ... now they update their records and want to claim almost 30 days from me. To hell with that! And thanks Nn, you are right, it is not the employees responsiblility to make sure that the employer keeps records up to date!

Reply to Very angry employee
Posted by: nn | 2011-01-15

That will be the frosty friday!!! It is the employers responsibility to keep ALL RECORDS up-dated. It is not for the employee to tell the employer how many days leave he/she has available!

Reply to nn
Posted by: LL | 2011-01-14

The leave issue is always sensitive. We have a similar situation. If you don''t take your leave, you loose it, but they want to recover leave from 9 years ago? They might get away with recovering the last 3 years, debt prescribes after 3 years so you can argue that. The blame is actually very dodgy. They did approve your leave, but were you not aware of how many days you are entitled to and took advantage of the records not being updated? They can argue and so can you, but you were aware of how many days you were entitled to and should have also kept a record of it.

Reply to LL
Posted by: Very angry employee | 2011-01-13

WE DID NOT RECEIVE LETTERS OF APPOINTMENT!

Reply to Very angry employee

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