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South Africa Judgment

Labour Court Johannesburg

Mashaba v Macdonald (JS177/23) [2025] ZALCJHB 260 (7 May 2025)

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Source document

01

Holding and result

The applicant's claim is based on contract and relates to employment benefits allegedly due following her dismissal in 2014. As the respondent did not oppose the referral, the matter proceeded as a default judgment application. However, the court found that the claim has prescribed in terms of the Prescription Act, meaning the legal time period for enforcing the claim has expired. Accordingly, the application for default judgment cannot succeed and must be dismissed.

Court disposition

Application for default judgment dismissed due to prescription of the claim.

Orders

  • The default judgment application is dismissed.

02

Material facts

Parties

Martha Nyathela Mashaba

Applicant

David Malcolm Macdonald

Respondent

03

Procedural history

  1. Posture

    Default Judgment Application / Judgment Delivered in Chambers

04

Questions and positions

Legal issues

Party arguments

Applicant
The applicant contends that she is entitled to payment of one month's notice and a severance package following her dismissal in 2014, relying on section 77 of the Basic Conditions of Employment Act. She seeks judgment by default as the respondent did not oppose the referral.
Respondent
The respondent did not oppose the referral and did not submit any arguments.

05

Court’s reasoning

  1. 01

    Prescription Act 68 of 1969

    A contractual claim for employment benefits must be brought within the period prescribed by the Prescription Act.

  2. 02

    Basic Conditions of Employment Act 75 of 1997

    Section 77 of the Basic Conditions of Employment Act provides for contractual claims arising from employment relationships.

06

Ratio, limits and disposition

Ratio decidendi

The applicant's claim is based on contract and relates to employment benefits allegedly due following her dismissal in 2014. As the respondent did not oppose the referral, the matter proceeded as a default judgment application. However, the court found that the claim has prescribed in terms of the Prescription Act, meaning the legal time period for enforcing the claim has expired. Accordingly, the application for default judgment cannot succeed and must be dismissed.

Court disposition

Application for default judgment dismissed due to prescription of the claim.

  • The default judgment application is dismissed.

Source and reliance status

Labour Court Johannesburg

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Judgment text

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Source document

Labour Court Johannesburg

Judgment

[2025] ZALCJHB 260

THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG

Not Reportable

Case No: JS177/23

In the matter between:

MARTHA

NYATHELA MASHABA

Applicant

and

DAVID

MALCOLM MACDONALD

Respondent

Decided: In Chambers

Delivered: 7 May 2025 (This judgment was handed down electronically by circulation to the parties’ legal representatives by email, publication on the Labour Court website and release to SAFLII. The date and time for handing-down is deemed to be 10h00 on 7 May 2025.)

JUDGMENT

PHEHANE J

[1] The applicant was employed as a domestic worker by initially, the respondent’s parents, and subsequently by the respondent.

[2] The applicant brings a contractual claim in terms of section 77 of the Basic Conditions of Employment Act[1], seeking the payment of one month’s notice and her severance package following her dismissal in 2014.

[3] The respondent did not oppose the referral. Consequently, the applicant seeks judgment by default.

[4] The applicant’s claim, as pleaded, is based on contract. Her claim has prescribed in accordance with the provisions of the Prescription Act[2].

[5] In the premises, the following order is made:

Order

1. The default judgment application is dismissed.

M. T. M. Phehane

Judge of the Labour Court of South Africa

[1] Act 75 of 1997.

[2] Act 68 of 1969.

Source wording is retained. Consult the source document for its original formatting and pagination.

Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Basic Conditions of Employment Act 75 of 1997

Legislation

Legislation referenced in the available case record.

Prescription Act 68 of 1969

Legislation

Legislation referenced in the available case record.

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