Worklaw Discussion Forum

Discussion Topic:
Prescribed Public Holiday falling on a Sunday
Where a PPH falls on a Sunday - do shift workers qualify for a double benefit now that the Monday is also classified as a PPH. Do you have to pay them PPH rates for both days or can they only reap the benefit for one of the PPH days?

Worklaw Response:

In terms of s 2(1) of the Public Holidays Act, when a public holiday falls on a Sunday, the following Monday shall be a public holiday. But does this mean that the Monday public holiday replaces the Sunday public holiday, or are both regarded as public holidays?

The case of Randfontein Estates Ltd v National Union of Mineworkers (2008) 29 ILJ 998 (LAC) decided that a public holiday that falls on a Sunday does not cease to be a public holiday; all that happens is that the next Monday automatically becomes an additional public holiday.

This means that employees who worked on both days would have to be paid public holiday rates for both days.

Whilst I accept that the court has to interpret the wording in the Act, it just seems crazy that 2 public holidays are created out of the 1 allocated. Don't we have enough public holidays already?

posted on: Tuesday, July 30, 2019 - 9:46:15 AM

Most people don’t work on Sundays so it just keeps to the 11 public holidays for most of us.

posted on: Thursday, August 15, 2019 - 9:02:51 PM
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