ERM Southern Africa (Pty) Ltd v Nkobi (J1393/14) [2015] ZALCJHB 331 (30 September 2015)

ERM Southern Africa (Pty) Ltd v Nkobi (J1393/14) [2015] ZALCJHB 331 (30 September 2015)

The court found that the damages claimed by the applicant were not causally linked to the breach of the fixed term employment contract, as the contract itself did not reference the bursary agreements. The employment contract allowed for termination by either party on notice and did not create an obligation to repay bursary amounts upon breach. There was a disjuncture between the bursary contracts and the employment contract, and the applicant did not plead breach of the bursary contracts. Consequently, the court held that there was no nexus between the breach of the employment contract and the damages claimed, and the application for default judgment could not be granted.

Citation
[2015] ZALCJHB 331
Parties
Applicant: ERM Southern Africa (Pty) Ltd; Respondent: Nkobi, N
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
30 September 2015
Case Number
J1393/14
Procedural Posture
Default Judgment Application / Unopposed Application for Default Judgment
Outcome
Application for default judgment dismissed.
Judges
Rabkin-Naicker
Legal Topics
Breach of Employment Contract, Jurisdiction Under Bcea, Damages for Breach, Default Judgment Procedure
Labour Law Civil Procedure Breach of Employment Contract Jurisdiction Under Bcea Damages for Breach Default Judgment Procedure

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Parties

ERM Southern Africa (Pty) Ltd

Applicant

Nkobi, N

Respondent

Procedural Posture

Default Judgment Application / Unopposed Application for Default Judgment

Legal Issues

  1. 1 Whether the applicant is entitled to damages for breach of the fixed term employment contract.
  2. 2 Whether the damages claimed are causally linked to the breach of the employment contract.
  3. 3 Whether the Labour Court has jurisdiction under section 77(3) of the BCEA to grant the relief sought.

Ratio Decidendi

The court found that the damages claimed by the applicant were not causally linked to the breach of the fixed term employment contract, as the contract itself did not reference the bursary agreements. The employment contract allowed for termination by either party on notice and did not create an obligation to repay bursary amounts upon breach. There was a disjuncture between the bursary contracts and the employment contract, and the applicant did not plead breach of the bursary contracts. Consequently, the court held that there was no nexus between the breach of the employment contract and the damages claimed, and the application for default judgment could not be granted.

Court Disposition

Application for default judgment dismissed.

Orders

  • The application for default judgment is dismissed.