Van Den Berg v Tshwane University of Technology (16704/2012) [2019] ZAGPPHC 60 (14 March 2019)

Van Den Berg v Tshwane University of Technology (16704/2012) [2019] ZAGPPHC 60 (14 March 2019)

The court found that the plaintiff failed to prove that the defendant breached his employment contract by denying him an internal appeal. The evidence showed that neither the plaintiff nor his representatives disputed the absence of an appeal process, and the plaintiff did not seek specific performance or challenge the guilty finding. The plaintiff instead referred the matter to the CCMA for unfair dismissal, which provided a de novo hearing. The court held that any procedural breach did not result in contractual damages, particularly given the serious nature of the misconduct and the lawful termination of the contract. The waiver or abandonment of the right to appeal, even if not...

Citation
[2019] ZAGPPHC 60
Parties
Applicant: Charles van den Berg; Respondent: Tshwane University of Technology
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
14 March 2019
Case Number
16704/2012
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Dismissal of Damages Claim
Outcome
Application for leave to appeal dismissed with costs, including costs of two counsel where so employed.
Judges
AC Basson
Legal Topics
Breach of Employment Contract, Procedural Fairness, Waiver of Rights, Damages, Unfair Dismissal
Labour Law Civil Procedure Breach of Employment Contract Procedural Fairness Waiver of Rights Damages Unfair Dismissal

Case Brief

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Parties

Charles van den Berg

Applicant

Tshwane University of Technology

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Dismissal of Damages Claim

Legal Issues

  1. 1 Whether the defendant breached the plaintiff's employment contract by denying him the right to appeal against the guilty finding.
  2. 2 Whether the plaintiff waived or abandoned his right to an appeal in circumstances where waiver was not pleaded.
  3. 3 Whether procedural breaches by the employer resulted in contractual damages to the plaintiff.

Ratio Decidendi

The court found that the plaintiff failed to prove that the defendant breached his employment contract by denying him an internal appeal. The evidence showed that neither the plaintiff nor his representatives disputed the absence of an appeal process, and the plaintiff did not seek specific performance or challenge the guilty finding. The plaintiff instead referred the matter to the CCMA for unfair dismissal, which provided a de novo hearing. The court held that any procedural breach did not result in contractual damages, particularly given the serious nature of the misconduct and the lawful termination of the contract. The waiver or abandonment of the right to appeal, even if not...

Court Disposition

Application for leave to appeal dismissed with costs, including costs of two counsel where so employed.

Orders

  • The application for leave to appeal is dismissed.
  • Costs are awarded against the applicant, including the costs of two counsel where so employed.