Nell v University of Cape Town (C717/2015) [2017] ZALCCT 37 (10 August 2017)

Nell v University of Cape Town (C717/2015) [2017] ZALCCT 37 (10 August 2017)

The court found that the applicant had access to sufficient information through annual correspondence, cost of employment letters, and pay scale notifications to alert him to any discrepancy in his remuneration relative to his perceived entitlement to PC 12. Despite his subjective belief, a reasonable person in his position would have exercised reasonable care and discovered the alleged breach well before August 2013. The applicant is deemed to have had knowledge of the facts giving rise to his claim more than three years before instituting proceedings. Accordingly, his claim for specific performance and arrear remuneration has prescribed under s 12(3) of the Prescription Act. The...

Citation
[2017] ZALCCT 37
Parties
Applicant: Ferdinand Nell; Respondent: University of Cape Town
Court
Labour Court Cape Town
Jurisdiction
South Africa
Judgment Date
10 August 2017
Case Number
C717/2015
Procedural Posture
Civil Trial / Final Judgment
Outcome
The applicant's claim has prescribed and is dismissed.
Judges
Lagrange
Legal Topics
Prescription Act, Breach of Employment Contract, Specific Performance, Remuneration Dispute, Unilateral Variation, Costs Order
Labour Law Civil Procedure Prescription Act Breach of Employment Contract Specific Performance Remuneration Dispute Unilateral Variation Costs Order

Case Brief

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Parties

Ferdinand Nell

Applicant

University of Cape Town

Respondent

Procedural Posture

Civil Trial / Final Judgment

Legal Issues

  1. 1 Whether the applicant's claim for specific performance and arrear remuneration has prescribed under the Prescription Act.
  2. 2 Whether the University breached the applicant's employment contract by unilaterally altering his pay class from PC 12 to PC 11.
  3. 3 Whether the applicant was entitled to be remunerated at PC 12 for the disputed period.

Ratio Decidendi

The court found that the applicant had access to sufficient information through annual correspondence, cost of employment letters, and pay scale notifications to alert him to any discrepancy in his remuneration relative to his perceived entitlement to PC 12. Despite his subjective belief, a reasonable person in his position would have exercised reasonable care and discovered the alleged breach well before August 2013. The applicant is deemed to have had knowledge of the facts giving rise to his claim more than three years before instituting proceedings. Accordingly, his claim for specific performance and arrear remuneration has prescribed under s 12(3) of the Prescription Act. The...

Court Disposition

The applicant's claim has prescribed and is dismissed.

Orders

  • The applicant’s claim has prescribed.
  • The respondent must pay half the applicant’s costs including the costs of counsel.