Oosthuysen v Big News For Small Business (Pty) Ltd (C 338/11) [2013] ZALCCT 31 (10 July 2013)

Oosthuysen v Big News For Small Business (Pty) Ltd (C 338/11) [2013] ZALCCT 31 (10 July 2013)

The court found that the applicant's claim for additional severance pay based on service prior to the 2006 contract was precluded by the clear wording of clauses 3.2 and 19.7 of the employment contract, which terminated previous arrangements by mutual consent. The claim for additional leave pay was dismissed as the applicant was paid for more days than contractually accrued, and he failed to prove entitlement to further leave. The claim for damages for facilities and extra days worked was rejected due to insufficient evidence; the applicant could not apportion costs or prove the damages with adequate sufficiency. The court held that, even if there was a breach regarding facilities, the...

Citation
[2013] ZALCCT 31
Parties
Applicant: Christoff Jacobus Oosthuysen; Respondent: Big News For Small Business (Pty) Ltd
Court
Labour Court Cape Town
Jurisdiction
South Africa
Judgment Date
10 July 2013
Case Number
C 338/11
Procedural Posture
Civil Trial / Judgment
Outcome
Applicant’s claim is dismissed.
Judges
Rabkin-Naicker
Legal Topics
Breach of Employment Contract, Severance Pay, Leave Entitlement, Damages Quantification
Labour Law Civil Procedure Breach of Employment Contract Severance Pay Leave Entitlement Damages Quantification

Case Brief

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Parties

Christoff Jacobus Oosthuysen

Applicant

Big News For Small Business (Pty) Ltd

Respondent

Procedural Posture

Civil Trial / Judgment

Legal Issues

  1. 1 Whether the applicant is entitled to additional severance pay for the full period of service prior to the 2006 contract.
  2. 2 Whether the applicant is entitled to further leave pay beyond what was paid on retrenchment.
  3. 3 Whether the applicant is entitled to damages for facilities allegedly not provided by the respondent.

Ratio Decidendi

The court found that the applicant's claim for additional severance pay based on service prior to the 2006 contract was precluded by the clear wording of clauses 3.2 and 19.7 of the employment contract, which terminated previous arrangements by mutual consent. The claim for additional leave pay was dismissed as the applicant was paid for more days than contractually accrued, and he failed to prove entitlement to further leave. The claim for damages for facilities and extra days worked was rejected due to insufficient evidence; the applicant could not apportion costs or prove the damages with adequate sufficiency. The court held that, even if there was a breach regarding facilities, the...

Court Disposition

Applicant’s claim is dismissed.

Orders

  • Applicant’s claim is dismissed.