Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
Results update automatically as you type.
South Africa decisions
Decisions matching the current search
Potgieter v Samancor Chrome Limited ta Tubatse Ferrochrome (JA91/22) [2025] ZALAC 15; [2025] 5 BLLR 483 (LAC); (2025) 46 ILJ 1708 (LAC) (10 March 2025)
The Labour Appeal Court held that arrear-wage claims after reinstatement became due on actual reinstatement, and the appellant’s proceedings interrupted prescription.
Goliath and Others v African Meter Reading (PTY) Ltd (J 90/2021) [2022] ZALCJHB 330 (17 November 2022)
The applicants failed to establish that they tendered their services in accordance with the reinstatement order. The evidence did not support their claim of continuous tender from 19 September 2016 to January 2021, and some applicants had obtained alternative employment. The respondent's version that the applicants did not report for duty on the specified dates was accepted, as the applicants did not provide convincing rebuttal. Without actual tender and acceptance of services, the employment contracts were not revived, and no entitlement to arrear wages arose. The application for payment of…
Source excerpt
Mahlanga N.O v Rand Water (J 547/2020) [2022] ZALCJHB 329; (2023) 44 ILJ 569 (LC) (16 November 2022)
The court held that Mr Mhlanga did not tender his services as Mechanics Foreman in accordance with the arbitration award, nor did the respondent reinstate him in that position. Instead, Mr Mhlanga accepted an offer of re-employment in a different position and on different terms, which extinguished any claim for outstanding remuneration under the original contract. The authorities confirm that reinstatement requires both a tender of services and acceptance by the employer; without these, the contract is not restored and no claim for backpay arises. The application for payment of outstanding re…
Source excerpt
SATAWU obo Ramotsonga v GVR Vervoer B.K Trio Vervoer (JS331/19) [2022] ZALCJHB 178 (30 June 2022)
The Labour Court held that reinstatement revived the employment contract and entitled the employee to arrear wages, ordering payment of outstanding salary and costs.
Kubeka and Others v Ni-Da Transport (Pty) Ltd (DA10/19) [2020] ZALAC 55; (2021) 42 ILJ 499 (LAC); [2021] 4 BLLR 352 (LAC) (24 November 2020)
The Labour Appeal Court held that a reinstatement order does not itself restore the contract of employment. Restoration only occurs when the employee tenders their services after the order becomes enforceable and the employer accepts the tender. Without actual reinstatement, no contractual right to arrear wages arises. The claims of the appellants who did not tender their services after the appeals process was exhausted, or whose tender was not accepted, are not enforceable under section 77(3) of the BCEA. The claims of deceased estates also fail, as reinstatement became impracticable upon de…
Source excerpt
Kubeka and Others v Ni-Da Transport (Pty) Ltd (D726-18;J5386-17) [2019] ZALCD 1; [2019] 5 BLLR 463 (LC); (2019) 40 ILJ 1312 (LC) (31 January 2019)
The court held that the applicants were not entitled to arrear wages under a contractual claim because backpay only becomes due once the employment contract is fully restored, which requires both a tender of services and acceptance by the employer. The correct legal process for enforcing reinstatement and associated backpay is contempt proceedings, not a contractual claim under section 77(3) of the BCEA. The evidence established that a tender of services was made by a union official on behalf of the applicants, but the respondent refused reinstatement, choosing instead to pursue appeals. Howe…
Source excerpt
NUMSA obo Vanqa v Engen Bassons Services Station (J2179/14) [2017] ZALCJHB 92 (20 March 2017)
The applicant took all reasonable steps to comply with the settlement agreement by tendering his services, but the respondent failed to re-employ him and did not respond to his communications. The applicant's affidavit of 11 December 2010 did not amount to a clear waiver or resignation of his rights under the agreement, nor did the respondent act on any such representation. The claim for arrear wages is a contractual debt governed by the Prescription Act, and only the portion of the claim arising within three years prior to the filing of the claim is recoverable. The respondent is liable for…
Source excerpt
Hendor Mining Supplies (A Division of Marschalk Beleggings (Pty) Ltd) v National Union of Metalworkers of South Africa and Others (JA55/2014) [2015] ZALAC 49; (2016) 37 ILJ 394 (LAC); [2016] 2 BLLR 115 (LAC) (26 November 2015)
The Labour Appeal Court held that the respondents' claims for arrear wages from 23 April 2007 to 18 September 2009 were contractual claims arising from the restored employment contract, not judgment debts. These claims became due when the suspension of the reinstatement order was lifted on 15 September 2009, and prescription began to run from that date. As the respondents only applied for payment of arrear wages on 19 September 2012, more than three years later, their claims had prescribed under section 11(d) of the Prescription Act. The Labour Court erred in finding otherwise. The Court also…
Source excerpt
Explore more
