Bhoodram v Legal Aid South Africa - Newcastle (D1001/12) [2016] ZALCD 19 (7 June 2016)

Bhoodram v Legal Aid South Africa - Newcastle (D1001/12) [2016] ZALCD 19 (7 June 2016)

The court found that the applicant failed to establish, on a balance of probabilities, that he was induced by any misrepresentation or undue influence to sign the amendment to his employment contract. The evidence showed that the amendment was made to correct a salary scale mistake, and there was no credible evidence that Ms Buckus made any representation regarding the occupational specific dispensation. The applicant's own testimony did not support his claim, and the contract amendment itself made no reference to the alleged dispensation. Accordingly, the application was dismissed.

Citation
[2016] ZALCD 19
Parties
Applicant: Naveen Bhoodram; Respondent: Legal Aid South Africa - Newcastle
Court
Labour Court Durban
Jurisdiction
South Africa
Judgment Date
7 June 2016
Case Number
D1001/12
Procedural Posture
Labour Law Application / Trial
Outcome
Application dismissed.
Judges
Gush
Legal Topics
Misrepresentation, Employment Contract Amendment, Undue Influence, Onus of Proof
Labour Law Misrepresentation Employment Contract Amendment Undue Influence Onus of Proof

Case Brief

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Parties

Naveen Bhoodram

Applicant

Legal Aid South Africa - Newcastle

Respondent

Procedural Posture

Labour Law Application / Trial

Legal Issues

  1. 1 Whether the applicant was unduly influenced by the respondent to sign the amendment to his contract of employment.
  2. 2 Whether a misrepresentation by the respondent induced the applicant to consent to the contract amendment.
  3. 3 Whether the applicant established his claim on a balance of probabilities.

Ratio Decidendi

The court found that the applicant failed to establish, on a balance of probabilities, that he was induced by any misrepresentation or undue influence to sign the amendment to his employment contract. The evidence showed that the amendment was made to correct a salary scale mistake, and there was no credible evidence that Ms Buckus made any representation regarding the occupational specific dispensation. The applicant's own testimony did not support his claim, and the contract amendment itself made no reference to the alleged dispensation. Accordingly, the application was dismissed.

Court Disposition

Application dismissed.

Orders

  • The applicant's application is dismissed.
  • There is no order as to costs.