Monare v South African Tourism (JS133/16) [2019] ZALCJHB 205 (2 May 2019)

Monare v South African Tourism (JS133/16) [2019] ZALCJHB 205 (2 May 2019)

The court found that the applicant's claim for arrear salaries was contractual in nature and that prescription did not commence to run from the date of dismissal, 30 September 2010. Instead, prescription only began on 11 November 2015, when the Labour Appeal Court revived the arbitration award and reinstated the contract. The court held that pending review and appeal proceedings, the applicant did not have a complete cause of action, as the contract was suspended. The respondent failed to discharge the onus of proving that prescription commenced prior to the Labour Appeal Court judgment. The applicant was entitled to a globular payment for salaries owed under the fixed term contract from...

Citation
[2019] ZALCJHB 205
Parties
Applicant: Tebogo Brian Monare; Respondent: South African Tourism
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
2 May 2019
Case Number
JS133/16
Procedural Posture
Civil Trial / Judgment After Stated Case and Oral Argument
Outcome
The special plea of prescription is dismissed. The applicant's contractual claim for arrear salaries succeeds.
Judges
E Tlhotlhalemaje
Legal Topics
Prescription Act, Fixed Term Contract, Unlawful Dismissal, Arrear Salaries, Specific Performance
Labour Law Civil Procedure Prescription Act Fixed Term Contract Unlawful Dismissal Arrear Salaries Specific Performance

Case Brief

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Parties

Tebogo Brian Monare

Applicant

South African Tourism

Respondent

Procedural Posture

Civil Trial / Judgment After Stated Case and Oral Argument

Legal Issues

  1. 1 Whether the applicant's claim for damages in respect of salaries for the balance of his fixed term contract has prescribed.
  2. 2 Whether the award of reinstatement was suspended during the period between the Labour Court judgment and the Labour Appeal Court judgment.
  3. 3 Whether prescription in respect of the contractual claim was interrupted for this period by virtue of the said suspension.

Ratio Decidendi

The court found that the applicant's claim for arrear salaries was contractual in nature and that prescription did not commence to run from the date of dismissal, 30 September 2010. Instead, prescription only began on 11 November 2015, when the Labour Appeal Court revived the arbitration award and reinstated the contract. The court held that pending review and appeal proceedings, the applicant did not have a complete cause of action, as the contract was suspended. The respondent failed to discharge the onus of proving that prescription commenced prior to the Labour Appeal Court judgment. The applicant was entitled to a globular payment for salaries owed under the fixed term contract from...

Court Disposition

The special plea of prescription is dismissed. The applicant's contractual claim for arrear salaries succeeds.

Orders

  • The special plea of prescription as raised by the respondent is dismissed.
  • The respondent is ordered to pay the applicant R87,529.53, together with interest at 9.75% per annum from 11 January 2016 to date of payment.