Coca-Cola SABCO (Pty) Limited v Van Wyk (JA11/2013) [2015] ZALAC 114 (5 May 2015)

Coca-Cola SABCO (Pty) Limited v Van Wyk (JA11/2013) [2015] ZALAC 114 (5 May 2015)

A reinstatement award does not entitle an employee to remuneration for the period between the date of the award and its implementation. The Labour Relations Act does not provide for such relief. Any claim for remuneration for that period is contractual and must be adjudicated separately. The employer only becomes a judgment debtor for such amounts after the contractual claim has been judicially resolved. The Labour Court erred in allowing quantification and enforcement of such a claim by affidavit before the registrar, as this would negate the employer's right to defend and improperly extend the nature of a reinstatement award. The appeal is upheld and paragraph 2 of the Labour Court's...

Citation
[2015] ZALAC 114
Parties
Appellant: Coca-Cola SABCO (Pty) Limited; Respondent: Harold Van Wyk
Court
Labour Appeal Court
Jurisdiction
South Africa
Judgment Date
5 May 2015
Case Number
JA11/2013
Procedural Posture
Civil Appeal / Appeal Against Labour Court Judgment Regarding Writ of Execution Following Reinstatement Award
Outcome
Appeal upheld; paragraph 2 of the Labour Court's judgment deleted; no order as to costs.
Judges
Musi JA, Murphy AJJA, Kathree-Setiloane AJJA
Legal Topics
Reinstatement Award, Writ of Execution, Contractual Claim for Remuneration, Back Pay, Unfair Dismissal
Labour Law Civil Procedure Reinstatement Award Writ of Execution Contractual Claim for Remuneration Back Pay Unfair Dismissal

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Parties

Coca-Cola SABCO (Pty) Limited

Appellant

Harold Van Wyk

Respondent

Procedural Posture

Civil Appeal / Appeal Against Labour Court Judgment Regarding Writ of Execution Following Reinstatement Award

Legal Issues

  1. 1 Does a reinstatement award entitle an employee to remuneration for the period between the date of the award and its implementation?
  2. 2 Can such remuneration be claimed by way of a writ of execution accompanied by an affidavit before the registrar?
  3. 3 Is the employer a judgment debtor for amounts due post-award but pre-implementation without further adjudication?

Ratio Decidendi

A reinstatement award does not entitle an employee to remuneration for the period between the date of the award and its implementation. The Labour Relations Act does not provide for such relief. Any claim for remuneration for that period is contractual and must be adjudicated separately. The employer only becomes a judgment debtor for such amounts after the contractual claim has been judicially resolved. The Labour Court erred in allowing quantification and enforcement of such a claim by affidavit before the registrar, as this would negate the employer's right to defend and improperly extend the nature of a reinstatement award. The appeal is upheld and paragraph 2 of the Labour Court's...

Court Disposition

Appeal upheld; paragraph 2 of the Labour Court's judgment deleted; no order as to costs.

Orders

  • The appeal is upheld.
  • Paragraph 2 of the court a quo’s judgment is deleted.