Brickman v Community Growth Asset Management (C704/99) [2000] ZALC 31 (10 May 2000)

Brickman v Community Growth Asset Management (C704/99) [2000] ZALC 31 (10 May 2000)

The Labour Court has jurisdiction to determine claims for breach of employment contracts under section 77(3) of the BCEA. The applicant established that the respondent materially breached the contract by failing to pay agreed remuneration, benefits, and relocation costs, and by not providing the required air ticket. The respondent's conduct amounted to repudiation, which the applicant accepted by cancelling the contract. The applicant's evidence was uncontested and accepted. The Court is empowered to grant judgment in foreign currency, as the contract and damages were denominated in US dollars. The applicant is entitled to compensation for salary, signing-on bonus, leave pay, damages for...

Citation
[2000] ZALC 31
Parties
Applicant: David Brickman; Respondent: Community Growth Asset Management
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
10 May 2000
Case Number
C704/99
Procedural Posture
Unopposed Application / Final Judgment
Outcome
Application granted. Judgment in favour of the applicant for specified amounts in US dollars and South African rands, with interest and costs.
Judges
Revelas
Legal Topics
Breach of Employment Contract, Jurisdiction of Labour Court, Damages for Breach, Foreign Currency Judgment, Relocation Expenses
Labour Law Civil Procedure Breach of Employment Contract Jurisdiction of Labour Court Damages for Breach Foreign Currency Judgment Relocation Expenses

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Parties

David Brickman

Applicant

Community Growth Asset Management

Respondent

Procedural Posture

Unopposed Application / Final Judgment

Legal Issues

  1. 1 Does the Labour Court have jurisdiction to hear and determine a claim for breach of an employment contract under section 77(3) of the BCEA?
  2. 2 Is the applicant entitled to damages and compensation for breach and repudiation of the employment contract?
  3. 3 Can the Labour Court grant judgment sounding in foreign currency?

Ratio Decidendi

The Labour Court has jurisdiction to determine claims for breach of employment contracts under section 77(3) of the BCEA. The applicant established that the respondent materially breached the contract by failing to pay agreed remuneration, benefits, and relocation costs, and by not providing the required air ticket. The respondent's conduct amounted to repudiation, which the applicant accepted by cancelling the contract. The applicant's evidence was uncontested and accepted. The Court is empowered to grant judgment in foreign currency, as the contract and damages were denominated in US dollars. The applicant is entitled to compensation for salary, signing-on bonus, leave pay, damages for...

Court Disposition

Application granted. Judgment in favour of the applicant for specified amounts in US dollars and South African rands, with interest and costs.

Orders

  • The respondent is ordered to pay the applicant salary for June to September 1999 (US$10,416.66 per month), each with interest at 15.5% per annum from the respective due dates to payment.
  • The respondent is ordered to pay the applicant a signing-on bonus of US$50,000 with interest at 15.5% per annum from 1 June 1999 to payment.