Workerslife Direct (PTY) LTD v Maloka (JA148/2017) [2018] ZALAC 52; (2019) 40 ILJ 841 (LAC) (12 December 2018)

Workerslife Direct (PTY) LTD v Maloka (JA148/2017) [2018] ZALAC 52; (2019) 40 ILJ 841 (LAC) (12 December 2018)

The Labour Appeal Court found that the respondent was paid commission and target bonuses for 13 years in accordance with the terms of the GSB contract, which was not provided for in the admin contract. The evidence established that the respondent signed both contracts in 2000, and the GSB contract was probably authentic, as supported by the matching signatures and corroborating testimony. The appellant's shifting versions, failure to dispute the respondent's GSB status in initial correspondence, and inability to explain the payment of target bonuses undermined its credibility. The Labour Court's conclusion that the respondent was entitled to post-employment commission under the GSB...

Citation
[2018] ZALAC 52
Parties
Appellant: Workerslife Direct (PTY) LTD; Respondent: E Maloka
Court
Labour Appeal Court
Jurisdiction
South Africa
Judgment Date
12 December 2018
Case Number
JA148/2017
Procedural Posture
Civil Appeal / Appeal From Labour Court Judgment
Outcome
Appeal dismissed with costs; Labour Court judgment upheld.
Judges
Sutherland, Jappie, Murphy
Legal Topics
Specific Performance, Commission Entitlement, Employment Contracts, Section 197 Transfer, Contract Authenticity
Labour Law Civil Procedure Specific Performance Commission Entitlement Employment Contracts Section 197 Transfer Contract Authenticity

Case Brief

Summary, issues, holding and outcome

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Parties

Workerslife Direct (PTY) LTD

Appellant

E Maloka

Respondent

Procedural Posture

Civil Appeal / Appeal From Labour Court Judgment

Legal Issues

  1. 1 Whether the respondent was entitled to post-employment commissions under the alleged GSB contract.
  2. 2 Whether the GSB contract was authentic and binding on the appellant.
  3. 3 Whether the respondent was both an administrative employee and a GSB entitled to dual benefits.

Ratio Decidendi

The Labour Appeal Court found that the respondent was paid commission and target bonuses for 13 years in accordance with the terms of the GSB contract, which was not provided for in the admin contract. The evidence established that the respondent signed both contracts in 2000, and the GSB contract was probably authentic, as supported by the matching signatures and corroborating testimony. The appellant's shifting versions, failure to dispute the respondent's GSB status in initial correspondence, and inability to explain the payment of target bonuses undermined its credibility. The Labour Court's conclusion that the respondent was entitled to post-employment commission under the GSB...

Court Disposition

Appeal dismissed with costs; Labour Court judgment upheld.

Orders

  • The appeal is dismissed with costs.
  • The order of the Labour Court for payment of commissions and post-employment commissions to the respondent stands.