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South Africa decisions
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Vela v Efora Energy Limited (385/2018) [2019] ZASCA 44 (29 March 2019)
The court dismissed most of an executive’s appeal over PAYE, bonus, leave pay, and share options, but allowed a reduced leave pay claim.
Solidarity obo Graham v Northam Platinum Ltd (JR262/14) [2016] ZALCJHB 482 (5 May 2016)
The Labour Court held that Northam Platinum had complied with an arbitration award by reinstating the employee and paying back pay, so the award would not be made an order of court.
Ludick v Rural Maintenance (Pty) Ltd (JS 633/07) [2013] ZALCJHB 291; [2014] 2 BLLR 178 (LC) (30 October 2013)
The court held that the BCEA establishes a minimum standard for annual leave and its payment on termination. The Act does not permit unlimited accrual of leave, nor does it contemplate automatic forfeiture of leave not taken within six months after the end of a leave cycle. Contractual provisions that stipulate forfeiture of leave before the expiry of the statutory six-month period are less favourable than the BCEA and must be read down. The plaintiff is entitled to payment for annual leave accrued during the leave cycle ending 5 January 2006 but not taken, together with interest. Claims for…
Source excerpt
Coetzer v Ceragon (South Africa) (Pty) Ltd (JR 234/12) [2012] ZALCJHB 106 (11 October 2012)
The Labour Court referred a leave-pay contractual claim to trial because the papers revealed material disputes of fact and ordered the applicant to pay costs.
South African Municipal Workers Union (SAMWU) v South African Local Government Bargaining Council and Others (DA 06/09) [2011] ZALAC 22; [2012] 4 BLLR 334 (LAC); (2012) 33 ILJ 353 (LAC) (29 November 2011)
The Labour Appeal Court upheld a bargaining council award on annual leave for shift workers, finding the commissioner’s purposive and fairness-based interpretation reasonable.
Minny and Another v Smart Plan CC (D14/07, D15/07) [2009] ZALCD 5 (3 June 2009)
The Labour Court held that employees were paid an all-inclusive hourly rate that already covered annual leave pay, so no further leave pay was due on resignation.
Minny and Another v Smart Plan CC (D14/07; D15/07) [2009] ZALC 148; [2010] 4 BLLR 439 (LC); (2010) 31 ILJ 675 (LC) (3 June 2009)
The Labour Court held that the applicants were paid an all-inclusive hourly rate that already included annual leave pay, so no further amount was owing.
Jardine v Tongaat-Hulett Sugar Limited (D849/02) [2003] ZALC 33; (2003) 24 ILJ 1147 (LC); [2003] 7 BLLR 717 (LC) (23 April 2003)
The Labour Court ordered Tongaat-Hulett Sugar Limited to pay Steven Christopher Jardine for 8.8 days of annual leave accrued on dismissal.
Nampak Corrugated Containers (Pietermaritzburg) v Patel (339/89) [1990] ZASCA 151; 1991 (1) SA 799 (AD); (29 November 1990)
The court held that leave could not validly run concurrently with notice of termination, and the employer failed to prove an exemption for an annual shutdown.
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