Q: We have an employee who has amassed 192 TOIL hours since January this year.

I understand this should be taken within a month of working the extra hours, so we have been very slack in monitoring this balance I’m afraid.

The employee has requested for some of it to be cashed out.  Can that be done?

A: There is nothing in legislation so this is based on what was agreed between the employer and employee.

Q: What rate does it get paid at?

A: Again it is based on what was agreed but if nothing agreed I would always fall back on the employees ordinary rate/hourly rate (do not go down the Holidays Act path).