Vela v Efora Energy Limited (385/2018) [2019] ZASCA 44 (29 March 2019)

Vela v Efora Energy Limited (385/2018) [2019] ZASCA 44 (29 March 2019)

The court found that the appellant failed to prove that the respondent had waived its right to recover the PAYE paid on his behalf. The evidence, including board minutes and financial statements, did not support a clear intention to waive the claim. The appellant was entitled to leave pay for 12 days only, as he failed to prove he had not taken leave during the relevant period, and board approval for carrying forward leave was absent. The share options lapsed upon resignation for a reason not approved by the board, as stipulated in the share option scheme. The bonus claim was dismissed, as the evidence showed the appellant had agreed to accept a bonus equal to one year's salary, which had...

Citation
[2019] ZASCA 44
Parties
Appellant: Robin Tendai Vela; Respondent: Efora Energy Limited
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
29 March 2019
Case Number
385/2018
Procedural Posture
Civil Appeal / Appeal From Gauteng Local Division, Johannesburg
Outcome
Appeal dismissed except for the leave pay claim; cross appeal upheld; orders varied as set out.
Judges
Navsa, Dambuza, Makgoka, Davis, Eksteen
Legal Topics
Pay as You Earn Tax, Employment Contracts, Share Option Scheme, Annual Leave Entitlement, Bonus Disputes, Waiver of Rights
Commercial and Corporate Tax Law Civil Procedure Pay as You Earn Tax Employment Contracts Share Option Scheme Annual Leave Entitlement Bonus Disputes +1 more

Case Brief

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Parties

Robin Tendai Vela

Appellant

Efora Energy Limited

Respondent

Procedural Posture

Civil Appeal / Appeal From Gauteng Local Division, Johannesburg

Legal Issues

  1. 1 Whether the respondent waived its right to recover PAYE paid on behalf of the appellant.
  2. 2 Whether the appellant is entitled to payment of outstanding leave pay upon resignation.
  3. 3 Whether the appellant's share options lapsed upon resignation for a reason not approved by the board.

Ratio Decidendi

The court found that the appellant failed to prove that the respondent had waived its right to recover the PAYE paid on his behalf. The evidence, including board minutes and financial statements, did not support a clear intention to waive the claim. The appellant was entitled to leave pay for 12 days only, as he failed to prove he had not taken leave during the relevant period, and board approval for carrying forward leave was absent. The share options lapsed upon resignation for a reason not approved by the board, as stipulated in the share option scheme. The bonus claim was dismissed, as the evidence showed the appellant had agreed to accept a bonus equal to one year's salary, which had...

Court Disposition

Appeal dismissed except for the leave pay claim; cross appeal upheld; orders varied as set out.

Orders

  • The appeal, save in respect of the leave pay claim, is dismissed with costs.
  • The cross appeal succeeds with costs.