If during the year in which the contract comes to an end and the employee has taken all his leave or a proportion of leave in excess of the leave entitlement that has accrued at that time, the employer may recover any leave allowance received in excess by the employee.
An employer who has paid for leave taken by an employee in excess of his entitlement, or who has wrongly paid a leave allowance, may recover those sums on the basis of the general rule relating to the recovery of sums paid but not due, for which a precondition is the receipt of an undue payment.
It is to be noted that an employer may not on his own initiative make any deduction from the employee’s remuneration in order to recover the excessive leave allowance received by the employee.
In that regard, the employer may claim reimbursement of the said allowance from the employee. If the employee refuses, the employer may bring legal proceedings to enforce his rights.