Worklaw Discussion ForumDiscussion 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?
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.