Most employers are aware that if a public holiday falls on a Sunday, the following Monday becomes a public holiday. However, many are unsure about how to remunerate an employee who works on both days.
The answer can be found in the judgement of the Labour Appeals Court – National Union of Mineworkers [NUM] versus the Randfontein Estates Limited Case No. JA 29/06 of 15th November 2007.
For various reasons outlined in the judgement, the court concluded that both Sunday and Monday should be considered public holidays. Therefore, according to the Basic Conditions of Employment Act, the Restaurant and Catering Bargaining Council agreements, and the Hospitality Sectoral Determination, if an employee works on both Sunday and Monday, they should be paid double the rate for both days.
In 2016, the Director for Legal Services to the Department of Employment and Labour confirmed, “In my view, the correct interpretation of the Labour Appeals Court Judgement is that should an employee work on a Public Holiday being a Sunday, and also on the Monday following the Public Holiday in question, the employee would be entitled to double pay for both public holidays worked.”
Employers should refer to the specific “Public Holiday” provisions in the employment legislation that applies to their business, such as a Bargaining Council agreement, the Hospitality Sectoral Determination, or the Basic Conditions of Employment Act, for further information.
