Bodigelo v Public Investment Corporation Ltd (17573/08) [2010] ZAGPPHC 52 (2 July 2010)

Bodigelo v Public Investment Corporation Ltd (17573/08) [2010] ZAGPPHC 52 (2 July 2010)

The court found that the plaintiff was employed by the defendant and served on the boards of various companies as a nominee director at the behest of the defendant. The employment contract governed the relationship between the parties and did not provide for payment of board fees or bonuses to the plaintiff. The evidence showed that the plaintiff understood and accepted that he would not receive additional remuneration beyond his salary and bonuses. The executive committee resolution and company policy confirmed that board fees and bonuses were payable to the defendant, not to individual employees. No written agreement existed entitling the plaintiff to such payments. The plaintiff's...

Citation
[2010] ZAGPPHC 52
Parties
Plaintiff: Kagiso Gerald Bodigelo; Defendant: Public Investment Corporation Ltd
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
2 July 2010
Case Number
17573/08
Procedural Posture
Civil Trial / Final Judgment
Outcome
Plaintiff's claim dismissed with costs.
Judges
Msimeki
Legal Topics
Remuneration Dispute, Employment Contract Interpretation, Board Fees, Bonus Entitlement
Labour Law Commercial and Corporate Remuneration Dispute Employment Contract Interpretation Board Fees Bonus Entitlement

Case Brief

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Parties

Kagiso Gerald Bodigelo

Plaintiff

Public Investment Corporation Ltd

Defendant

Procedural Posture

Civil Trial / Final Judgment

Legal Issues

  1. 1 Whether the plaintiff is entitled to board fees and bonuses paid by companies on whose boards he served as a nominee director while employed by the defendant.
  2. 2 Whether the employment contract or any policy entitled the plaintiff to additional remuneration beyond his salary and bonuses from the defendant.
  3. 3 Whether any agreement existed between the parties for payment of board fees and bonuses to the plaintiff.

Ratio Decidendi

The court found that the plaintiff was employed by the defendant and served on the boards of various companies as a nominee director at the behest of the defendant. The employment contract governed the relationship between the parties and did not provide for payment of board fees or bonuses to the plaintiff. The evidence showed that the plaintiff understood and accepted that he would not receive additional remuneration beyond his salary and bonuses. The executive committee resolution and company policy confirmed that board fees and bonuses were payable to the defendant, not to individual employees. No written agreement existed entitling the plaintiff to such payments. The plaintiff's...

Court Disposition

Plaintiff's claim dismissed with costs.

Orders

  • The plaintiff's claim is dismissed with costs.