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Plan for 2011 public holidays - expert

Johannesburg - Employers have been warned to plan carefully for the public holidays in 2011 to avoid a "costly loss of productivity".

"There will be some additions to the usual public holidays in 2011 thanks to the Monday rule and some tempting long weekends that only require one day's leave," Faan Coetzee, a labour law specialist at the law firm Cliffe Dekker Hofmeyr said on Tuesday.

"If employers don't plan in advance, they might suffer a costly loss of productivity, which could have a snowball effect on the economy."

Public holidays on May 1 and December 25 both fall on a Sunday. In terms of the Public Holidays Act, Monday 2 May will become an additional public holiday.

"Having two days away from work for one public holiday impacts on working arrangements and shifts and this needs to be considered in advance by employers.

"The result is that collective agreements may govern public holidays, working arrangements and shifts."

Coetzee said the courts had not as yet had an opportunity to consider what would happen when the day after a Sunday public holiday is also a public holiday.

He said in the case of Randfontein Estates Let versus the National Union of Mineworkers, the Labour Appeal Court held 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," Coetzee said.

"Following that logic, they have yet to decide if Tuesday, 27 December 2011 will also become a public holiday.

"If so, the cost and operational impact on employers may be significant."

Coetzee said employers could expect requests from employees to take off Monday, August 9 as National Womens' Day falls on a Tuesday.

Youth Day on June 16 and Heritage Day on Thursday, September 24 2011 would also create complications.

"Employers may wish to make timeous arrangements with employees to work in the Monday and Friday respectively in order to avoid the costs of unplanned absenteeism and loss of productivity."
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