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South Africa decisions
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Ajusi v DNG Energy Limited (J631/21) [2024] ZALCJHB 513 (30 January 2024)
The Labour Court ordered payment of arrear salaries, interest and costs after finding no bona fide dispute that the employer had breached the employment contract.
MEC for the Department of Education, Eastern Cape and Another v Mxoli (729/2017) [2023] ZAECBHC 12 (20 June 2023)
The court held that Ms Mxoli is not entitled to payment of arrear salary prior to reporting for duty and completing the necessary administrative steps for reinstatement. The obligation to report for duty rests with the employee, and the contract of employment is only revived upon actual tender of services. Ms Mxoli's refusal to report for duty, despite multiple opportunities and agreed court orders, precludes her from claiming arrear salary. The court cannot condone her failure to report for duty, as this would not restore her employment status or entitle her to remuneration. The application…
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Potgieter v Samancor Chrome Limited t/a Tubatse Ferrochrome (J 155/2021) [2022] ZALCJHB 146; (2022) 43 ILJ 2091 (LC) (13 June 2022)
The applicant's claim for arrear salary for the period 26 June 2008 to 12 June 2014 is a contractual claim subject to the three-year prescription period under section 11(d) of the Prescription Act. Prescription commenced when the debt became due, which was either on the date of the Labour Appeal Court order (12 June 2014) or, at the latest, when the Constitutional Court dismissed the respondent's application for leave to appeal (3 September 2014). The applicant did not institute any process claiming payment within three years of the debt becoming due, and no interruption of prescription occur…
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Fidelity Fund Security Services v Ngqola (JA 61/21) [2022] ZALAC 87; (2022) 43 ILJ 1611 (LAC); [2022] 8 BLLR 705 (LAC) (7 April 2022)
The Labour Appeal Court upheld payment of arrear salary, finding the respondent had been reinstated in law and that the employer’s review did not suspend the award.
Zono v Minister of Correctional Services and Others (2477/13) [2019] ZAECGHC 38 (28 March 2019)
The High Court held that the State was not delictually liable for non-payment of salary during an employee’s dismissal period, and dismissed a counter-claim for overpayment.
Fuelogic (Pty) Limited v Schoeman and Others (JR1235/13) [2015] ZALCJHB 99 (12 February 2015)
The Labour Court dismissed a review of a bargaining council award after finding the refusal to postpone was reasonable and the unfair dismissal award stood.
Manhattan Mining Equipments (Pty) Ltd v Schutte and Others (J1105/14) [2014] ZALCJHB 322 (15 August 2014)
The court found that the applicant's review application only challenges the first part of the arbitration award, relating to constructive dismissal and compensation, and not the second part concerning arrear salaries, which was conceded. The interests of justice and the unchallenged prospects of success in the review support granting a stay, but only in respect of the part of the award under review. The stay should not apply to the second part of the award, which remains enforceable. The applicant's failure to comply with time frames is condoned due to urgency, and no costs order is made.
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