Adapt (Pty) Ltd v Maseko and Others (JR701/2019) [2023] ZALCJHB 5 (13 January 2023)

Adapt (Pty) Ltd v Maseko and Others (JR701/2019) [2023] ZALCJHB 5 (13 January 2023)

The court found that while the applicant's failure to conduct a performance appraisal for the first respondent and to formally communicate her ineligibility for a salary increase and bonus was unfair, the compensation awarded by the commissioner was excessive given the subsequent dismissal for poor performance. The CCMA had jurisdiction to determine the unfair labour practice claim but exceeded its jurisdiction in awarding contractual claims for salary increase and bonus, as the first respondent's earnings were above the statutory threshold. The award was reviewed and set aside, and the applicant was ordered to pay one month's salary as compensation for the unfair labour practice. No...

Citation
[2023] ZALCJHB 5
Parties
Applicant: Adapt (Pty) Ltd; Respondent: Lindiwe P Maseko; Respondent: Godfrey Ramothata N.O.; Respondent: The Commission for Conciliation, Mediation and Arbitration
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
13 January 2023
Case Number
JR701/2019
Procedural Posture
Review Application / Judgment on Review of CCMA Arbitration Award
Outcome
Award reviewed and set aside. Applicant ordered to pay first respondent one month's salary. No order as to costs.
Judges
Swartz
Legal Topics
Unfair Labour Practice, Discretionary Bonus, Performance Appraisal, Ccma Jurisdiction, Condonation, Contractual Claims
Labour Law Civil Procedure Unfair Labour Practice Discretionary Bonus Performance Appraisal Ccma Jurisdiction Condonation Contractual Claims

Case Brief

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Parties

Adapt (Pty) Ltd

Applicant

Lindiwe P Maseko

Respondent

Godfrey Ramothata N.O.

Respondent

The Commission for Conciliation, Mediation and Arbitration

Respondent

Procedural Posture

Review Application / Judgment on Review of CCMA Arbitration Award

Legal Issues

  1. 1 Whether the CCMA had jurisdiction to adjudicate the first respondent's claim for a discretionary salary increase and bonus.
  2. 2 Whether the applicant committed an unfair labour practice by failing to subject the first respondent to a performance review and denying her a salary increase and bonus.
  3. 3 Whether the compensation awarded by the commissioner was excessive given the first respondent's dismissal for poor performance.

Ratio Decidendi

The court found that while the applicant's failure to conduct a performance appraisal for the first respondent and to formally communicate her ineligibility for a salary increase and bonus was unfair, the compensation awarded by the commissioner was excessive given the subsequent dismissal for poor performance. The CCMA had jurisdiction to determine the unfair labour practice claim but exceeded its jurisdiction in awarding contractual claims for salary increase and bonus, as the first respondent's earnings were above the statutory threshold. The award was reviewed and set aside, and the applicant was ordered to pay one month's salary as compensation for the unfair labour practice. No...

Court Disposition

Award reviewed and set aside. Applicant ordered to pay first respondent one month's salary. No order as to costs.

Orders

  • The ruling of the second respondent issued under case number GAJB5696-18 dated 23 February 2019 is reviewed and set aside.
  • The applicant is ordered to pay the first respondent one month's salary of R72,909.