SAMWU obo Malatsi v Gert Sibande District Municipality (J92/17) [2019] ZALCJHB 28 (28 February 2019)

SAMWU obo Malatsi v Gert Sibande District Municipality (J92/17) [2019] ZALCJHB 28 (28 February 2019)

The court found that the applicant was entitled to payment of arrear salaries for the period between 26 August 2013, the date he was ordered to report for duty by the arbitration award, and 17 October 2016, the date of actual reinstatement. The applicant had tendered his services as required by law, and the respondent's assertion that he was not obliged to remunerate the applicant retrospectively was incorrect. The claim for arrear salaries was contractual and properly brought by motion proceedings, as there were no material factual disputes requiring oral evidence. Prescription on the claim began to run from 2 June 2016, the date the review application was dismissed, and only a portion...

Citation
[2019] ZALCJHB 28
Parties
Applicant: SAMWU obo Alpheus Malatsi; Respondent: Gert Sibande District Municipality
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
28 February 2019
Case Number
J92/17
Procedural Posture
Urgent Application / Judgment
Outcome
Application granted. The respondent is ordered to pay the applicant arrear salary plus interest and costs.
Judges
Pienaar
Legal Topics
Arrear Salaries, Reinstatement, Prescription, Contractual Claim, Review of Arbitration Award
Labour Law Civil Procedure Arrear Salaries Reinstatement Prescription Contractual Claim Review of Arbitration Award

Case Brief

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Parties

SAMWU obo Alpheus Malatsi

Applicant

Gert Sibande District Municipality

Respondent

Procedural Posture

Urgent Application / Judgment

Legal Issues

  1. 1 Whether the applicant is entitled to payment of arrear salaries from the date of reinstatement ordered by the arbitration award until actual reinstatement.
  2. 2 Whether the applicant's claim for arrear salaries has prescribed in part or in full.
  3. 3 Whether the applicant tendered his services during the period in question and is thus entitled to payment.

Ratio Decidendi

The court found that the applicant was entitled to payment of arrear salaries for the period between 26 August 2013, the date he was ordered to report for duty by the arbitration award, and 17 October 2016, the date of actual reinstatement. The applicant had tendered his services as required by law, and the respondent's assertion that he was not obliged to remunerate the applicant retrospectively was incorrect. The claim for arrear salaries was contractual and properly brought by motion proceedings, as there were no material factual disputes requiring oral evidence. Prescription on the claim began to run from 2 June 2016, the date the review application was dismissed, and only a portion...

Court Disposition

Application granted. The respondent is ordered to pay the applicant arrear salary plus interest and costs.

Orders

  • The respondent is ordered to pay the applicant arrear salary in the amount of R706,688.73 plus interest within 14 days of this order.
  • The respondent is ordered to pay the costs of the application.