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South Africa Case Law

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Labour Law [2015] ZALAC 114

Coca-Cola SABCO (Pty) Limited v Van Wyk (JA11/2013)

Coca-Cola SABCO (Pty) Limited v Van Wyk (JA11/2013) [2015] ZALAC 114 (5 May 2015)

Court
Labour Appeal Court
Case number
JA11/2013
Judges
Musi JA, Murphy AJJA, Kathree-Setiloane AJJA

A reinstatement award does not entitle an employee to remuneration for the period between the date of the award and its implementation. The Labour Relations Act does not provide for such relief. Any claim for remuneration for that period is contractual and must be adjudicated separately. The employer only becomes a judgment debtor for such amounts after the contractual claim has been judicially resolved. The Labour Court erred in allowing quantification and enforcement of such a claim by affidavit before the registrar, as this would negate the employer's right to defend and improperly extend…

Source excerpt

  • Reinstatement Award
  • Writ Of Execution
  • Contractual Claim For Remuneration
  • Back Pay
  • Unfair Dismissal
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Labour Law [2015] ZALAC 15

Coca Cola Sabco (Pty) Limited v Van Wyk (JA11/2013)

Coca Cola Sabco (Pty) Limited v Van Wyk (JA11/2013) [2015] ZALAC 15; [2015] 8 BLLR 774 (LAC); (2015) 36 ILJ 2013 (LAC) (5 May 2015)

Court
Labour Appeal Court
Case number
JA11/2013
Judges
Musi JA, Murphy, Kathree-Setiloane AJJA

A reinstatement award under the Labour Relations Act revives the contract of employment from the date specified in the award, but does not entitle the employee to remuneration for the period between the date of the award and its actual implementation unless the employee tenders services and pursues a separate contractual claim. The Labour Court erred in holding that such remuneration could be claimed by way of a writ of execution accompanied by affidavit before the registrar. The correct procedure is for the employee to institute a contractual claim, setting out the basis for entitlement and…

Source excerpt

  • Reinstatement Award
  • Writ Of Execution
  • Contractual Claim For Remuneration
  • Unfair Dismissal
Read case analysis

About this LexChat collection

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.