Mashao v PHD Pharmaceutical Health Care (JR3506/09) [2017] ZALCJHB 297 (10 August 2017)

Mashao v PHD Pharmaceutical Health Care (JR3506/09) [2017] ZALCJHB 297 (10 August 2017)

The court held that the applicant is entitled to back-pay for the period from 11 January 2010 to 12 September 2016. The filing of the review application by the respondent automatically suspended the implementation of the award under the law as it stood prior to the 2015 amendments. The applicant's entitlement to back-pay is not affected by whether he reported for duty, as the suspension rendered such reporting pointless. The judgment of Molahlehi J revived the award and required its implementation, including retrospective reinstatement. The respondent did not dispute the quantum of arrear salaries claimed, but the claim for accrued leave pay was rejected as unreasonable. The respondent's...

Citation
[2017] ZALCJHB 297
Parties
Applicant: L.J. Mashao; Respondent: PHD Pharmaceutical Health Care
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
10 August 2017
Case Number
JR 3506/09
Procedural Posture
Review Application / Application for Enforcement of Back Pay Following Reinstatement Award Made Order of Court
Outcome
Application granted in part; respondent ordered to pay arrear salaries and costs, but not accrued leave pay.
Judges
P Deale
Legal Topics
Reinstatement, Back Pay, Review Application, Ccma Award Enforcement
Labour Law Reinstatement Back Pay Review Application Ccma Award Enforcement

Case Brief

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Parties

L.J. Mashao

Applicant

PHD Pharmaceutical Health Care

Respondent

Procedural Posture

Review Application / Application for Enforcement of Back Pay Following Reinstatement Award Made Order of Court

Legal Issues

  1. 1 Whether the applicant is entitled to arrear salaries (back-pay) for the period 11 January 2010 to 12 September 2016 following reinstatement.
  2. 2 Whether the respondent complied with the reinstatement award and paid all amounts due.
  3. 3 Whether the applicant's entitlement to back-pay is affected by his reporting for duty or the suspension of the award pending review.

Ratio Decidendi

The court held that the applicant is entitled to back-pay for the period from 11 January 2010 to 12 September 2016. The filing of the review application by the respondent automatically suspended the implementation of the award under the law as it stood prior to the 2015 amendments. The applicant's entitlement to back-pay is not affected by whether he reported for duty, as the suspension rendered such reporting pointless. The judgment of Molahlehi J revived the award and required its implementation, including retrospective reinstatement. The respondent did not dispute the quantum of arrear salaries claimed, but the claim for accrued leave pay was rejected as unreasonable. The respondent's...

Court Disposition

Application granted in part; respondent ordered to pay arrear salaries and costs, but not accrued leave pay.

Orders

  • The respondent is ordered to pay the sum of R546,486.00 into the applicant's nominated bank account on or before Friday 19 August 2017.
  • Interest will accrue at the rate of 10% per annum on any balance outstanding from 20 August 2017 until date of payment.