Mrs M Botha

I worked for a building company for 4 years and in December 2006 I had to go
for an tyroid operation. I had the operation in the same period as the
building industry\'s builders break. I was booked off for 3 weeks. Upon
returning to the office I handed in my sick note but my employer told me
that he does not acknowledge the sick note because I had the operation in my
holiday period. However I told him I do not agree I still have my leave due
to me. I resigned from the company in August 2007 and when I requested my
leave to be paid out to me, my employer refused because he feels he did pay
me for December 2006 and do not agree that it was because of me being on
sick leave but insisted I had my annual leave. Kindly advise what can I do,
is he right?

They are two different kinds of leave. But you need to claim it around the the time of the time off.

If you did so then he has to pay for both. If you did not then it was likely regular holiday leave--if we follow your question.