Coca Cola Sabco (Pty) Limited v Van Wyk (JA11/2013) [2015] ZALAC 15; [2015] 8 BLLR 774 (LAC); (2015) 36 ILJ 2013 (LAC) (5 May 2015)

Coca Cola Sabco (Pty) Limited v Van Wyk (JA11/2013) [2015] ZALAC 15; [2015] 8 BLLR 774 (LAC); (2015) 36 ILJ 2013 (LAC) (5 May 2015)

A reinstatement award under the Labour Relations Act revives the contract of employment from the date specified in the award, but does not entitle the employee to remuneration for the period between the date of the award and its actual implementation unless the employee tenders services and pursues a separate...

Source-derived case information.

Citation
[2015] ZALAC 15
Parties
Appellant: Coca Cola Sabco (Pty) Limited; Respondent: Harold Van Wyk
Court
Labour Appeal Court
Jurisdiction
South Africa
Judgment Date
5 May 2015
Case Number
JA11/2013
Procedural Posture
Civil Appeal / Appeal Against Labour Court Judgment Regarding Writ of Execution Following Reinstatement Award
Outcome
Appeal upheld. Paragraph 2 of the Labour Court's judgment is deleted. No order as to costs.
Judges
Musi JA, Murphy, Kathree-Setiloane AJJA
Legal Topics
Reinstatement Award, Writ of Execution, Contractual Claim for Remuneration, Unfair Dismissal
Labour Law Civil Procedure Reinstatement Award Writ of Execution Contractual Claim for Remuneration Unfair Dismissal

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 6 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Coca Cola Sabco (Pty) Limited

Appellant

Harold Van Wyk

Respondent

Procedural Posture

Civil Appeal / Appeal Against Labour Court Judgment Regarding Writ of Execution Following Reinstatement Award

Legal Issues

  1. 1 Does a reinstatement award entitle an employee to remuneration for the period between the date of the award and its implementation?
  2. 2 Can such remuneration be claimed by way of a writ of execution accompanied by an affidavit before the registrar?

Ratio Decidendi

A reinstatement award under the Labour Relations Act revives the contract of employment from the date specified in the award, but does not entitle the employee to remuneration for the period between the date of the award and its actual implementation unless the employee tenders services and pursues a separate contractual claim. The Labour Court erred in holding that such remuneration could be claimed by way of a writ of execution accompanied by affidavit before the registrar. The correct procedure is for the employee to institute a contractual claim, setting out the basis for entitlement and allowing the employer to raise contractual defences. Only after adjudication of such a claim does...

Court Disposition

Appeal upheld. Paragraph 2 of the Labour Court's judgment is deleted. No order as to costs.

Orders

  • The appeal is upheld.
  • Paragraph 2 of the court a quo’s judgment is deleted.