Leave forfeiture is illegal -Court

Friday, March 17, 2023 | 5670 Views |

Sercurity Services office PIC: PHATSIMO KAPENG

Year in year out, companies especially in the private sector, force their employees to forfeit their unclaimed leave days. But the Gaborone Industrial Court has ruled that the practice is illegal because it is the responsibility of the employer to grant leave days.

This came to the fore following a case in which Karabo Lekgasa had taken his former employer, Security Services (Pty) Ltd over unpaid leave days. The case was heard last year by Justice Isaac Bahuma of the Industrial Court.

According to court papers, on February 15, 2021 Lekgasa filed a claim for payment of leave days against his erstwhile employer Security Services Botswana. The claim was opposed by the respondent by way of filing a statement of defence on February 28, 2021.

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