A LABOUR Court ruling that Transnet cannot prescribe when staff take leave is likely to set a precedent, according to a labour lawyer.
Ivan Israelstam said employers in general should be wise to avoid trying to dictate specific periods for leave.
Judge Christina Prinsloo yesterday overturned Transnet’s bid to force employees who are not restricted to operational requirements to take leave during December.
“Only where there is no agreement, the employer determines the timing of leave,” said Prinsloo.
The collective agreement which Transnet breached makes no provision compelling employees to take annual leave during periods when operational demands are low.
Israelstam said employers could still, on receiving leave applications, decide whether these could be granted depending on prevailing operational requirements.
“It means that, where employers need, for purposes of cost-cutting and/or other operational reasons, to get employees to take leave over the Christmas period, they will need to either include this in the employment contract or if they have not done so, negotiate this change with employees.”
The United National Transport Union (Untu), which approached the Labour Court in Johannesburg for an interim interdict against Transnet, described the judgment as fair.
Untu secretary Steve Harris said: “The judgment enforces the principles of collective bargaining and collective agreements, a fundamental right in our constitution.
“Going forward this confirms the collective agreement which Transnet breached. Those who have been affected by forced leave should submit their submissions.”
Prinsloo also ordered Transnet and Untu to set up a joint task team to determine how many employees were affected so they could be compensated.
Transnet did not respond to questions before deadline.