South Africa Case Law

National Union of Metalworkers of South Africa obo Members v PM Manufacturing CC (JS146/20)

National Union of Metalworkers of South Africa obo Members v PM Manufacturing CC (JS146/20) [2024] ZALCJHB 474 (26 November 2024)

Court

Labour Court Johannesburg

Case number

JS146/20

Judge

Tlhotlhalemaje

Labour Court held that dismissals for participation in an unprotected strike were procedurally and substantively fair after ignored ultimatums and refusal to return to work.

• Unprotected Strike
• Procedural Fairness
• Substantive Fairness
• Dismissal For Misconduct
• Ultimatum Requirements
• Bonus Entitlement

Aon South Africa (Pty) Ltd v Smith and Others (J298/24)

Aon South Africa (Pty) Ltd v Smith and Others (J298/24) [2024] ZALCJHB 200 (8 May 2024)

Court

Labour Court Johannesburg

Case number

J298/24

Judge

M Makhura

The Labour Court dismissed Aon’s urgent bid to enforce a restraint of trade, holding that Smith’s unpaid bonus gave rise to exceptio non adimpleti contractus.

• Restraint Of Trade
• Exceptio Non Adimpleti Contractus
• Reciprocal Obligations
• Bonus Entitlement
• Contractual Claims
• Restraint-of-trade

Bronner v Alpha Pharm (Pty) Ltd and Another (D1512/16)

Bronner v Alpha Pharm (Pty) Ltd and Another (D1512/16) [2020] ZALCD 2; [2020] 5 BLLR 518 (LC); (2020) 41 ILJ 1952 (LC) (28 January 2020)

Court

Labour Court Durban

Case number

D1512/16

Judge

Whitcher

The court found that the applicant's claims were not properly pleaded under section 77 of the BCEA and lacked evidentiary support. The claim for damages regarding the policy failed due to absence of proof of the surrender value and the binding effect of the signed resolution. The claim for additional payment for days worked was dismissed as no agreement was reached. The claim for a full annual bonus was rejected due to lack of evidence of company practice. Claims for accumulated and outstanding leave were dismissed in line with statutory interpretation, limiting payment to leave accrued in th…

Source excerpt

• Contract Of Employment
• Section 77 Bcea
• Accrued Leave
• Bonus Entitlement
• Damages
• Costs Follow Result

Mulholland v CCMA and Others (C18/2017)

Mulholland v CCMA and Others (C18/2017) [2017] ZALCCT 51 (2 November 2017)

Court

Labour Court Cape Town

Case number

C 18/2017

Judge

Steenkamp

Labour Court upheld a CCMA arbitration award on dismissal, jurisdiction, hearsay evidence, notice pay and bonus entitlement, and dismissed the review with costs.

• Unfair Dismissal
• Jurisdiction Of Ccma
• Double Jeopardy
• Hearsay Evidence
• Summary Dismissal
• Bonus Entitlement

Open Window v Adendorff (A307/2016)

Open Window v Adendorff (A307/2016) [2016] ZAGPPHC 940 (14 November 2016)

Court

North Gauteng High Court, Pretoria

Case number

A307/2016

Judges

AC Basson, PH Malungana

The court found that the appellant failed to disclose a bona fide defence to summary judgment. The employment contract expressly provided for the payment of a bonus equal to one month's salary in the respondent's birthday month, with no discretion or qualification attached to this obligation. The alleged consultation and purported agreement to vary the bonus entitlement were unsupported by written evidence or confirmatory affidavits, and the contract's non-variation clause required any amendment to be in writing and signed by both parties. The argument that a tacit or implied term granted the…

Source excerpt

• Employment Contract
• Summary Judgment
• Variation Of Contract
• Bonus Entitlement

Moore v Leamar Environmental Solutions (54987/2012)

Moore v Leamar Environmental Solutions (54987/2012) [2014] ZAGPPHC 380; - (18 June 2014)

Court

North Gauteng High Court, Pretoria

Case number

54987/2012

Judge

Tlhapi V.V

Opposed winding-up application where an employment-related debt was disputed. The court referred the provident fund and 5% bonus issues to oral evidence.

• Winding Up Of Company
• Employment Contract Dispute
• Provident Fund Contributions
• Bonus Entitlement
• Jurisdictional Challenge
• Winding-up-of-company

Bodigelo v Public Investment Corporation Ltd (17573/08)

Bodigelo v Public Investment Corporation Ltd (17573/08) [2010] ZAGPPHC 52 (2 July 2010)

Court

North Gauteng High Court, Pretoria

Case number

17573/08

Judge

Msimeki

The High Court held that a salaried employee who served as a nominee director was not entitled to keep board fees or bonuses paid to the employer.

• Remuneration Dispute
• Employment Contract Interpretation
• Board Fees
• Bonus Entitlement
• Employment-contract-interpretation
• Board-fees

Annandale v FEMCO Technology Holdings Ltd (JA 10/06)

Annandale v FEMCO Technology Holdings Ltd (JA 10/06) [2009] ZALAC 28 (13 August 2009)

Court

Labour Appeal Court

Case number

JA 10/06

Judges

Zondo JP, Patel JA, A. Kruger AJA

The Labour Appeal Court held that the employee’s suspension on full pay pending investigation was not repudiatory, and dismissed claims for damages, leave pay and a bonus.

• Contract Of Employment
• Material Breach
• Repudiation
• Suspension Of Employee
• Leave Pay
• Bonus Entitlement

Kaynie v Credit Guarantee Insurance (J1107/02)

Kaynie v Credit Guarantee Insurance (J1107/02) [2003] ZALC 97 (10 September 2003)

Court

Labour Court

Case number

J1107/02

Judge

Pillay D

The Labour Court held that an employee who completed the bonus cycle was contractually entitled to the bonus, with quantum to be determined separately.

• Employment Contracts
• Remuneration Disputes
• Bonus Entitlement
• Employment-contracts
• Bonus-entitlement
• Remuneration-disputes