Steenkamp v Sanlam Limited (C244/14) [2015] ZALCCT 32 (22 April 2015)

Steenkamp v Sanlam Limited (C244/14) [2015] ZALCCT 32 (22 April 2015)

The court found that the applicant, although working reduced hours at her own request and receiving a pro rata salary below the statutory threshold, retained all benefits and job grade associated with full-time employment. The reduction in remuneration was a result of her own choice, not a change in her employment status or grade. The employment contract, read together with the letter confirming reduced hours, did not alter her substantive conditions of service. Therefore, the applicant could not claim the protections of sections 10 and 17 of the BCEA applicable to employees earning below the threshold, as she remained employed at a grade and package above that threshold. The court held...

Citation
[2015] ZALCCT 32
Parties
Applicant: Sharon Steenkamp; Respondent: Sanlam Limited
Court
Labour Court Cape Town
Jurisdiction
South Africa
Judgment Date
22 April 2015
Case Number
C244/14
Procedural Posture
Declaratory Application / Final Judgment
Outcome
Application dismissed.
Judges
Rabkin-Naicker
Legal Topics
Basic Conditions of Employment Act, Overtime Entitlement, Night Work, Contractual Terms of Employment
Labour Law Basic Conditions of Employment Act Overtime Entitlement Night Work Contractual Terms of Employment

Case Brief

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Parties

Sharon Steenkamp

Applicant

Sanlam Limited

Respondent

Procedural Posture

Declaratory Application / Final Judgment

Legal Issues

  1. 1 Whether standby work as required by the employer constitutes overtime work under the Basic Conditions of Employment Act.
  2. 2 Whether the applicant is obliged to perform standby and/or overtime work in excess of 10 hours per week or between 18:00 and 06:00, given her remuneration.
  3. 3 Whether the employment contract obliges the applicant to perform standby/overtime work beyond statutory limits.

Ratio Decidendi

The court found that the applicant, although working reduced hours at her own request and receiving a pro rata salary below the statutory threshold, retained all benefits and job grade associated with full-time employment. The reduction in remuneration was a result of her own choice, not a change in her employment status or grade. The employment contract, read together with the letter confirming reduced hours, did not alter her substantive conditions of service. Therefore, the applicant could not claim the protections of sections 10 and 17 of the BCEA applicable to employees earning below the threshold, as she remained employed at a grade and package above that threshold. The court held...

Court Disposition

Application dismissed.

Orders

  • The application is dismissed.