Abrahams v Drake & Scull Facilities Management (SA) Pty Ltd (C 1105/10) [2011] ZALCCT 30; [2012] 5 BLLR 434 (LC); (2012) 33 ILJ 1093 (LC) (11 November 2011)

Abrahams v Drake & Scull Facilities Management (SA) Pty Ltd (C 1105/10) [2011] ZALCCT 30; [2012] 5 BLLR 434 (LC); (2012) 33 ILJ 1093 (LC) (11 November 2011)

The Labour Court found that the respondent unlawfully and unilaterally reduced the applicant's remuneration, breaching her contract of employment. The court confirmed its jurisdiction to adjudicate contractual claims for specific performance under section 77(3) of the BCEA and section 158(1)(a)(iii) of the LRA. The respondent's reliance on collective bargaining mechanisms and jurisdictional objections was misplaced, as the applicant, being a single employee, could not resort to strike action. The respondent failed to follow lawful procedures such as retrenchment or lockout. The court held that the applicant was entitled to restoration of her contractual remuneration and benefits, and that...

Citation
[2011] ZALCCT 30
Parties
Applicant: Fatima Abrahams; Respondent: Drake & Scull Facilities Management (SA) (Pty) Ltd; Respondent: Tsebo Holdings & Operations (Pty) Ltd
Court
Labour Court Cape Town
Jurisdiction
South Africa
Judgment Date
11 November 2011
Case Number
C 1105/10
Procedural Posture
Specific Performance Application / Final Judgment After Oral Evidence
Outcome
Application granted. The respondents are ordered to restore and comply with the applicant's employment contract terms, pay the salary and benefit differences for the relevant period, and pay costs.
Judges
A J Steenkamp
Legal Topics
Specific Performance, Unilateral Change of Employment Terms, Jurisdiction of Labour Court, Remedies for Breach of Contract, Costs Award
Labour Law Civil Procedure Specific Performance Unilateral Change of Employment Terms Jurisdiction of Labour Court Remedies for Breach of Contract Costs Award

Case Brief

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Parties

Fatima Abrahams

Applicant

Drake & Scull Facilities Management (SA) (Pty) Ltd

Respondent

Tsebo Holdings & Operations (Pty) Ltd

Respondent

Procedural Posture

Specific Performance Application / Final Judgment After Oral Evidence

Legal Issues

  1. 1 Whether the respondent's unilateral reduction of the applicant's remuneration constituted an unlawful change to her contract of employment.
  2. 2 Whether the Labour Court has jurisdiction to grant specific performance in employment contract disputes.
  3. 3 Whether the applicant is entitled to restoration of her contractual remuneration and related benefits.

Ratio Decidendi

The Labour Court found that the respondent unlawfully and unilaterally reduced the applicant's remuneration, breaching her contract of employment. The court confirmed its jurisdiction to adjudicate contractual claims for specific performance under section 77(3) of the BCEA and section 158(1)(a)(iii) of the LRA. The respondent's reliance on collective bargaining mechanisms and jurisdictional objections was misplaced, as the applicant, being a single employee, could not resort to strike action. The respondent failed to follow lawful procedures such as retrenchment or lockout. The court held that the applicant was entitled to restoration of her contractual remuneration and benefits, and that...

Court Disposition

Application granted. The respondents are ordered to restore and comply with the applicant's employment contract terms, pay the salary and benefit differences for the relevant period, and pay costs.

Orders

  • The respondents are ordered to forthwith restore and comply with the terms and conditions of applicant's employment contract entitling her to receive monthly remuneration in the amount of R30,286.33.
  • The respondents are ordered to forthwith restore and comply with the terms and conditions of applicant's employment contract requiring the respondents to deduct and pay the amount of R2,271.47 per month as contributions to the Old Mutual Provident Fund.