Read the case study below and answer the questions as indicated. MEN@WORK (Pty) Ltd has 52 employees in their employ. The company directors are all males below the age of 35. The company has an unwritten agreement that they do not employ any females or any males above the age of 40. The company does not employee Chinese people or anyone who has young children. The directors also screen job applicants for children below the age of seven and people who are single parents, as they are deemed to be unreliable. The company is an architectural firm that only designs luxury homes. They have won many awards for the most luxurious and modern homes. The employees are expected to work from 07:00 to 18:00 Mondays to Fridays. The employees have to work on Saturdays on some days and do not receive overtime payment. The employees rarely work on Sundays, but when they do, they only receive their one and a half of their daily rate. The employees are entitled to a lunch break of 15 minutes at 13:00. The company allows 28 consecutive leave days, which may be taken during the December building holiday. The employees are entitled to 10 days' sick leave every year. The employees who have been employed for more than a year are entitled to four days family responsibility leave when their child is born or dies. This entitlement is only for one child. Should the employee have another child, they are expected to resign. The employees are not entitled to any other leave for any other reason. During peak times, the employees are sometimes requested to work until 23:00 at night. Some staff work from 18:00 to 06:00 as per the operational requirements of the company at that time. The female employees that are still at the company are entitled to four months' paid maternity leave. All employees who have been employed for longer than six months have to give two months' notice upon tendering their resignations. The employer only has to give two weeks' notice when terminating employment. All employees have to sign a restraint of trade agreement for a period of three years within the whole of South Africa. The employees do not have written contracts of employment. The company also uses external people to do odd jobs at the company and pay them per invoice for services rendered.

Question 1 (Marks: 15) The individual contracts of employment state that the employees are entitled to 28 days annual leave. MEN@WORK (Pty) Ltd negotiated and entered into an agreement in a bargaining council which governs the terms and conditions of employment for their industry. The collective agreement stipulates that employees are entitled to 25 days annual leave. The provisions of the Basic Conditions of Employment Act stipulate that employees are entitled to 21 days annual leave. Q.1.1 In terms of the lexical order, apply the relevant guidelines in order to explain which source will take precedence and how much annual leave the employees of the company will be entitled to in this scenario. (10) Q.1.2 Would your answer in Q.1.1 above be different if a sectoral determination existed which allowed for 30 days of annual leave in this industry? Explain. (5 marks)

Please include references.