NUMSA obo Vanqa v Engen Bassons Services Station (J2179/14) [2017] ZALCJHB 92 (20 March 2017)

NUMSA obo Vanqa v Engen Bassons Services Station (J2179/14) [2017] ZALCJHB 92 (20 March 2017)

The applicant took all reasonable steps to comply with the settlement agreement by tendering his services, but the respondent failed to re-employ him and did not respond to his communications. The applicant's affidavit of 11 December 2010 did not amount to a clear waiver or resignation of his rights under the agreement, nor did the respondent act on any such representation. The claim for arrear wages is a contractual debt governed by the Prescription Act, and only the portion of the claim arising within three years prior to the filing of the claim is recoverable. The respondent is liable for arrear remuneration for specified periods, with interest, and must pay the applicant's costs.

Citation
[2017] ZALCJHB 92
Parties
Applicant: NUMSA obo Andile Vanqa; Respondent: Engen Bassons Services Station
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
20 March 2017
Case Number
J2179/14
Procedural Posture
Civil Application / Trial After Affidavits Converted to Statements of Case
Outcome
The respondent is liable to pay the applicant arrear remuneration for specified periods, with interest and costs.
Judges
Lagrange
Legal Topics
Settlement Agreement Enforcement, Arrear Wages, Prescription, Waiver, Estoppel
Labour Law Civil Procedure Settlement Agreement Enforcement Arrear Wages Prescription Waiver Estoppel

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Parties

NUMSA obo Andile Vanqa

Applicant

Engen Bassons Services Station

Respondent

Procedural Posture

Civil Application / Trial After Affidavits Converted to Statements of Case

Legal Issues

  1. 1 Whether the applicant is entitled to arrear wages for the period 31 May 2010 to 2 September 2013 under the settlement agreement.
  2. 2 Whether the applicant's claim for arrear wages is barred by prescription under the Prescription Act.
  3. 3 Whether the applicant's affidavit of 11 December 2010 constituted a waiver or estoppel of his right to claim remuneration.

Ratio Decidendi

The applicant took all reasonable steps to comply with the settlement agreement by tendering his services, but the respondent failed to re-employ him and did not respond to his communications. The applicant's affidavit of 11 December 2010 did not amount to a clear waiver or resignation of his rights under the agreement, nor did the respondent act on any such representation. The claim for arrear wages is a contractual debt governed by the Prescription Act, and only the portion of the claim arising within three years prior to the filing of the claim is recoverable. The respondent is liable for arrear remuneration for specified periods, with interest, and must pay the applicant's costs.

Court Disposition

The respondent is liable to pay the applicant arrear remuneration for specified periods, with interest and costs.

Orders

  • The respondent must pay the applicant arrear remuneration for the following periods and amounts: (a) 16 October to 10 November 2010, R 649.80 per week, total R 2,109.33; (b) 18 March 2011 to 31 August 2011, R 649.80 per week for 23.5 weeks, total R 15,270.30; (c) 1 September 2011 to 31 August 2012, R 708.30 per week...
  • The respondent is liable for interest at 9% per annum on the amounts due, calculated from the end of each month during the periods in which the arrear remuneration accrued.