Comtech Networking Solutions CC v Director General of Labour NO and Another (J2614/08) [2009] ZALC 87; (2010) 31 ILJ 600 (LC) (28 August 2009)

Comtech Networking Solutions CC v Director General of Labour NO and Another (J2614/08) [2009] ZALC 87; (2010) 31 ILJ 600 (LC) (28 August 2009)

The Labour Court found that the Department of Labour acted with bias and failed to provide the employer a fair opportunity to respond to the employee's claims. The documentary evidence supported the employer's version regarding the June 2008 salary advance and the absence of a valid claim for September and October 2007 salaries. The Department of Labour lacked the power to issue a compliance order for claims older than 12 months under section 70(d) of the BCEA. The court held that the validity of the forfeiture clause in the Commission Agreement could not be determined without full evidence and argument, and the Department of Labour erred in ordering payment of commission without proper...

Citation
[2009] ZALC 87
Parties
Applicant: Comtech Networking Solutions CC; Respondent: Director General of Department of Labour N.O; Respondent: Venecia L Schoeman
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
28 August 2009
Case Number
J2614/08
Procedural Posture
Civil Appeal / Appeal Under Section 72 of BCEA
Outcome
Appeal upheld on all grounds. Employee's salary claims dismissed. Leave granted to refer commission dispute to Department of Labour. Employee ordered to pay costs of appeal.
Judges
Pillay D
Legal Topics
Basic Conditions of Employment Act, Compliance Order, Unpaid Salary, Commission Dispute, Administrative Bias
Labour Law Administrative Law Basic Conditions of Employment Act Compliance Order Unpaid Salary Commission Dispute Administrative Bias

Case Brief

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Parties

Comtech Networking Solutions CC

Applicant

Director General of Department of Labour N.O

Respondent

Venecia L Schoeman

Respondent

Procedural Posture

Civil Appeal / Appeal Under Section 72 of BCEA

Legal Issues

  1. 1 Whether the Labour Court should determine the appeal on the record or by rehearing.
  2. 2 Whether the Department of Labour acted with bias and denied the employer a fair opportunity to respond.
  3. 3 Whether the employer owed the employee salary and commission for June 2008 and September/October 2007.

Ratio Decidendi

The Labour Court found that the Department of Labour acted with bias and failed to provide the employer a fair opportunity to respond to the employee's claims. The documentary evidence supported the employer's version regarding the June 2008 salary advance and the absence of a valid claim for September and October 2007 salaries. The Department of Labour lacked the power to issue a compliance order for claims older than 12 months under section 70(d) of the BCEA. The court held that the validity of the forfeiture clause in the Commission Agreement could not be determined without full evidence and argument, and the Department of Labour erred in ordering payment of commission without proper...

Court Disposition

Appeal upheld on all grounds. Employee's salary claims dismissed. Leave granted to refer commission dispute to Department of Labour. Employee ordered to pay costs of appeal.

Orders

  • The appeal is upheld on all grounds.
  • The employee may refer her dispute concerning unpaid commissions to the Department of Labour to be administered and determined by inspectors other than those previously involved.