G4S Cash Solutions v Matlala (Rescission Application) (JS165/2016) [2025] ZALCJHB 104 (11 March 2025)

G4S Cash Solutions v Matlala (Rescission Application) (JS165/2016) [2025] ZALCJHB 104 (11 March 2025)

The court found that the leave to appeal judgment was granted erroneously in the absence of the employer's submissions, which were filed but not before the court at the time of decision. Upon considering the employer's submissions, the court held that there were no reasonable prospects that the Labour Appeal Court would reach a different conclusion. The jurisprudence is clear that a reinstatement order does not revive the contract of employment unless the employer accepts the tender of service. Since the employer refused to accept the employee's tender, the contractual claim for arrear salary was not competent. The correct remedy for the employee was to pursue contempt proceedings to...

Citation
[2025] ZALCJHB 104
Parties
Applicant: G4S Cash Solutions (Pty) Ltd; Respondent: Jerry Matlala
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
11 March 2025
Case Number
JS165/2016
Procedural Posture
Rescission Application / Application for Rescission of Leave to Appeal Judgment
Outcome
Rescission application granted; leave to appeal judgment rescinded and set aside; leave to appeal dismissed; no order as to costs.
Judges
Norton
Legal Topics
Rescission of Judgment, Leave to Appeal, Unfair Dismissal, Reinstatement, Contractual Claims, Contempt Proceedings
Labour Law Civil Procedure Rescission of Judgment Leave to Appeal Unfair Dismissal Reinstatement Contractual Claims Contempt Proceedings

Case Brief

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Parties

G4S Cash Solutions (Pty) Ltd

Applicant

Jerry Matlala

Respondent

Procedural Posture

Rescission Application / Application for Rescission of Leave to Appeal Judgment

Legal Issues

  1. 1 Whether the leave to appeal judgment was erroneously granted in the absence of the employer's submissions.
  2. 2 Whether the employer's application for rescission in terms of section 165 of the LRA should be granted.
  3. 3 Whether the employee's contractual claim for arrear salary was competent given the employer's refusal to accept the tender of service.

Ratio Decidendi

The court found that the leave to appeal judgment was granted erroneously in the absence of the employer's submissions, which were filed but not before the court at the time of decision. Upon considering the employer's submissions, the court held that there were no reasonable prospects that the Labour Appeal Court would reach a different conclusion. The jurisprudence is clear that a reinstatement order does not revive the contract of employment unless the employer accepts the tender of service. Since the employer refused to accept the employee's tender, the contractual claim for arrear salary was not competent. The correct remedy for the employee was to pursue contempt proceedings to...

Court Disposition

Rescission application granted; leave to appeal judgment rescinded and set aside; leave to appeal dismissed; no order as to costs.

Orders

  • The application for leave to appeal issued on 20 June 2024 under case number JS165-2016 is hereby rescinded and set aside.
  • The leave to appeal is dismissed.