SATAWU obo Ramotsonga v GVR Vervoer B.K Trio Vervoer (JS331/19) [2022] ZALCJHB 178 (30 June 2022)

SATAWU obo Ramotsonga v GVR Vervoer B.K Trio Vervoer (JS331/19) [2022] ZALCJHB 178 (30 June 2022)

The Court held that the applicant was reinstated by arbitration award with retrospective effect, reviving his contract of employment and entitling him to arrear wages. The respondent's argument regarding the applicant's failure to tender services in February 2014 was rejected, as the probabilities supported the applicant's version that his tender was refused. The respondent did not properly plead any defence such as exceptio non adempleti contractus. The contractual right to back pay accrued upon reinstatement, and the respondent's failure to accept the tender did not absolve it from liability. The application was granted, and the respondent was ordered to pay the applicant the...

Citation
[2022] ZALCJHB 178
Parties
Applicant: SATAWU obo Elvis Ramotsonga; Respondent: GVR Vervoer B.K Trio Vervoer
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
30 June 2022
Case Number
JS331/19
Procedural Posture
Civil Application / Judgment After Opposed Motion
Outcome
Application granted in favour of the applicant.
Judges
G N Moshoana
Legal Topics
Arrear Wages, Reinstatement, Specific Performance, Basic Conditions of Employment Act, Motion Proceedings
Labour Law Civil Procedure Arrear Wages Reinstatement Specific Performance Basic Conditions of Employment Act Motion Proceedings

Case Brief

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Parties

SATAWU obo Elvis Ramotsonga

Applicant

GVR Vervoer B.K Trio Vervoer

Respondent

Procedural Posture

Civil Application / Judgment After Opposed Motion

Legal Issues

  1. 1 Whether the applicant is entitled to arrear wages following reinstatement under section 77(3) of the BCEA.
  2. 2 Whether any genuine dispute of fact exists requiring referral to oral evidence.
  3. 3 Whether the respondent's failure to accept tendered services affects the applicant's contractual claim for back pay.

Ratio Decidendi

The Court held that the applicant was reinstated by arbitration award with retrospective effect, reviving his contract of employment and entitling him to arrear wages. The respondent's argument regarding the applicant's failure to tender services in February 2014 was rejected, as the probabilities supported the applicant's version that his tender was refused. The respondent did not properly plead any defence such as exceptio non adempleti contractus. The contractual right to back pay accrued upon reinstatement, and the respondent's failure to accept the tender did not absolve it from liability. The application was granted, and the respondent was ordered to pay the applicant the...

Court Disposition

Application granted in favour of the applicant.

Orders

  • The respondent is ordered to pay the applicant an amount of R354,815.64 together with interest at the prescribed rate.
  • The respondent must pay the costs of the applicant.