This year 24 September (Heritage Day) falls on a Sunday. This means that Monday, 25 September, is also a public holiday. The question has again arisen what employees should be paid.

The Court has held that where a public holiday falls on a Sunday the legislature intended that the Monday should be a public holiday in addition to the Sunday (See the interpretation of the Public Holidays Act in the Labour Appeal Court in the case of Randfontein Estates v NUM (case no. JA29/06 dated 15 November 2007.)

Due to the fact that both Sunday and Monday are regarded as public holidays, public holiday rates may come into play for both days. It depends on what days employees would ordinarily work in that the particular establishment.

Scenario 1: Sunday is not a normal working day, but Monday is
(This is the case at most establishments.)

Pay for Sunday: If employees don’t work, they receive no pay. If employees work, they must be paid a day’s wage plus the amount earned for work on that day.

Pay for Monday: If employees don’t work, they must be paid the wage that they would ordinarily have received for work on that day. If employees work, they must be paid at least double the amount they would ordinarily have received for work on that day.

Scenario 2: Both Sunday and Monday are normal working days

Pay for Sunday and Monday: If employees don’t work, they receive the wage that they would ordinarily have received for work on that day (or those days). If employees work, they must be paid at least double the amount they would ordinarily have received for work on that day (or those days).

Written by Jan Truter, Labourwise

For further questions, you can email info@labourwise.co.za