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South Africa Case Law

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Labour Law [2025] ZALCJHB 281

Nkosi v Passenger Rail Agency of South Africa Soc Ltd (J1031/2023)

Nkosi v Passenger Rail Agency of South Africa Soc Ltd (J1031/2023) [2025] ZALCJHB 281 (26 April 2025)

Court
Labour Court Johannesburg
Case number
J1031/2023
Judge
M. T. M. Phehane

The Court found that PRASA complied with the Labour Appeal Court order by inviting Mr Nkosi to return to work on 3 September 2018. Mr Nkosi failed to tender his services at the required time and did not communicate his circumstances to PRASA. The reinstatement order did not automatically restore his employment; it required a timely tender of services, which Mr Nkosi did not make. His subsequent presentation for duty in December 2019 was well after the specified date, and he did not provide sufficient reasons for the delay in approaching the Court. The Court held that there was no basis to com…

Source excerpt

  • Reinstatement Order
  • Tender Of Services
  • Unfair Dismissal
  • Backpay Entitlement
  • Condonation
  • Contempt Of Court
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Labour Law [2023] ZALCJHB 41

Molopa v Trans-Orange Conference Of Seventh Day Adventists and Others (01 March 2023) (J 327/2021)

Molopa v Trans-Orange Conference Of Seventh Day Adventists and Others (01 March 2023) (J 327/2021) [2023] ZALCJHB 41 (1 March 2023)

Court
Labour Court Johannesburg
Case number
J 327/2021
Judge
Prinsloo

The applicant failed to plead the terms of his employment contract, did not establish a breach, and did not prove the quantum of damages. The High Court's order did not reinstate the applicant but merely set aside the dismissal; the applicant was re-employed in May 2018, not reinstated. There was no restoration of the contract of employment for the period between dismissal and re-employment, and thus no legal basis for a claim for backpay. Acceptance of re-employment on different terms extinguished any claim for outstanding remuneration under the previous contract. The application was dismiss…

Source excerpt

  • Breach Of Employment Contract
  • Quantification Of Damages
  • Reinstatement Vs Re Employment
  • Backpay Entitlement
  • Prescription
  • Costs Award
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.