Fedlife Assurance Ltd v Wolfaardt (450/99) [2001] ZASCA 91; [2002] 2 All SA 295 (A); 2002 (1) SA 49 (SCA); (2001) 22 ILJ 2407 (SCA); [2001] 12 BLLR 1301 (SCA) (18 September 2001)

Fedlife Assurance Ltd v Wolfaardt (450/99) [2001] ZASCA 91; [2002] 2 All SA 295 (A); 2002 (1) SA 49 (SCA); (2001) 22 ILJ 2407 (SCA); [2001] 12 BLLR 1301 (SCA) (18 September 2001)

The Supreme Court of Appeal held that the Labour Relations Act 66 of 1995 does not abolish the common law right of an employee to claim damages for the unlawful premature termination of a fixed-term employment contract. The Act supplements, rather than replaces, common law remedies, and s 195 expressly preserves the right to claim amounts due under contract in addition to statutory compensation. The exclusive jurisdiction of the Labour Court under s 157(1) is limited to matters that the Act or other law requires to be determined by that court, which does not include common law claims for damages arising from breach of contract. The respondent's claim is for damages based on the...

Citation
[2001] ZASCA 91
Parties
Appellant: Fedlife Assurance Limited; Respondent: Hendrik Johannes Wolfaardt
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
18 September 2001
Case Number
450/99
Procedural Posture
Civil Appeal / Appeal From Witwatersrand Local Division, Exception to Special Plea
Outcome
Appeal dismissed with costs, including costs of two counsel.
Judges
Howie, Marais, Mpati, Nugent, Froneman
Legal Topics
Fixed Term Employment Contract, Unlawful Dismissal, Labour Court Jurisdiction, Damages for Breach of Contract, Statutory Interpretation
Labour Law Civil Procedure Fixed Term Employment Contract Unlawful Dismissal Labour Court Jurisdiction Damages for Breach of Contract Statutory Interpretation

Case Brief

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Parties

Fedlife Assurance Limited

Appellant

Hendrik Johannes Wolfaardt

Respondent

Procedural Posture

Civil Appeal / Appeal From Witwatersrand Local Division, Exception to Special Plea

Legal Issues

  1. 1 Whether an employee can claim contractual damages for the unlawful premature termination of a fixed-term employment contract.
  2. 2 Whether the Labour Relations Act 66 of 1995 excludes such common law claims and confines employees to statutory remedies.
  3. 3 Whether the Labour Court has exclusive jurisdiction over such claims, excluding the High Court.

Ratio Decidendi

The Supreme Court of Appeal held that the Labour Relations Act 66 of 1995 does not abolish the common law right of an employee to claim damages for the unlawful premature termination of a fixed-term employment contract. The Act supplements, rather than replaces, common law remedies, and s 195 expressly preserves the right to claim amounts due under contract in addition to statutory compensation. The exclusive jurisdiction of the Labour Court under s 157(1) is limited to matters that the Act or other law requires to be determined by that court, which does not include common law claims for damages arising from breach of contract. The respondent's claim is for damages based on the...

Court Disposition

Appeal dismissed with costs, including costs of two counsel.

Orders

  • The appeal is dismissed.
  • The appellant is ordered to pay the respondent's costs, including the costs occasioned by the employment of two counsel.