NEHAWU obo Sader v Education Training And Development Practices Sector Education And Training Authority (J95/2020) [2024] ZALCJHB 48 (10 January 2024)

NEHAWU obo Sader v Education Training And Development Practices Sector Education And Training Authority (J95/2020) [2024] ZALCJHB 48 (10 January 2024)

The court found that Sader was not finally dismissed until 1 July 2020, as the initial dismissal was subject to an internal appeal, which was successful. The respondent continued to pay Sader's salary until February 2019 and only ceased payment after further advice. The respondent's subsequent review application and its withdrawal, followed by a new dismissal letter on 1 July 2020, confirmed that the employment relationship persisted until that date. The court held that Sader was entitled to remuneration for the period between cessation of salary and final dismissal, as he had tendered his services and the employer was obliged to pay him under common law and relevant labour principles....

Citation
[2024] ZALCJHB 48
Parties
Applicant: NEHAWU obo Mahomed Yusuf Sader; Respondent: Education Training And Development Practices Sector Education And Training Authority
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
10 January 2024
Case Number
J95/2020
Procedural Posture
Urgent Application / Judgment
Outcome
Application granted in favour of the applicant; respondent ordered to pay outstanding remuneration and costs.
Judges
Werner Kruger
Legal Topics
Unfair Dismissal, Remuneration Claim, Res Judicata, Lis Pendens, Reinstatement, Costs Award
Labour Law Civil Procedure Unfair Dismissal Remuneration Claim Res Judicata Lis Pendens Reinstatement Costs Award

Case Brief

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Parties

NEHAWU obo Mahomed Yusuf Sader

Applicant

Education Training And Development Practices Sector Education And Training Authority

Respondent

Procedural Posture

Urgent Application / Judgment

Legal Issues

  1. 1 Whether Sader was dismissed on 22 August 2018 or 1 July 2020.
  2. 2 Whether Sader is entitled to remuneration for the period between cessation of salary and final dismissal.
  3. 3 Whether the defences of res judicata and lis pendens apply to bar the claim.

Ratio Decidendi

The court found that Sader was not finally dismissed until 1 July 2020, as the initial dismissal was subject to an internal appeal, which was successful. The respondent continued to pay Sader's salary until February 2019 and only ceased payment after further advice. The respondent's subsequent review application and its withdrawal, followed by a new dismissal letter on 1 July 2020, confirmed that the employment relationship persisted until that date. The court held that Sader was entitled to remuneration for the period between cessation of salary and final dismissal, as he had tendered his services and the employer was obliged to pay him under common law and relevant labour principles....

Court Disposition

Application granted in favour of the applicant; respondent ordered to pay outstanding remuneration and costs.

Orders

  • The respondent is ordered to pay Mahomed Yusuf Sader his full remuneration from 1 March 2019 until 30 June 2020, amounting to R1,521,585.00.
  • The amount must be paid on or before 28 February 2024.