South Africa Case Law

Moloto v City of Cape Town (C657/2009)

Moloto v City of Cape Town (C657/2009) [2010] ZALC 178; [2011] 3 BLLR 276 (LC); (2011) 32 ILJ 1153 (LC) (19 November 2010)

Court

Labour Court

Case number

C657/2009

Judge

Francis

The applicant's fixed-term contract was varied to an indefinite contract of employment. The parties agreed that the standard notice period applicable was four weeks. The respondent gave more than one month's prior notice of termination, which complies with both the common law and the BCEA. There was no evidence of a contractual clause limiting the right to dismiss, nor any basis for importing an implied term prohibiting termination without good cause. The applicant's reliance on implied terms was rejected in light of the SCA's decision in McKenzie, which held that statutory remedies under the…

Source excerpt

• Breach Of Employment Contract
• Reasonable Notice
• Damages For Wrongful Termination
• Implied Terms In Employment
• Jurisdictional Quagmire

South African Music Rights Organisation Ltd v Mphatsoe (J595/08)

South African Music Rights Organisation Ltd v Mphatsoe (J595/08) [2009] ZALCJHB 104 (23 March 2009)

Court

Labour Court Johannesburg

Case number

J595/08

Judge

Van Niekerk

The Labour Court held that “calendar month” notice in the employment contract required notice running from the first to the last day of a month.

• Breach Of Employment Contract
• Notice Period
• Calendar Month Interpretation
• Damages For Wrongful Termination
• Employment-contract
• Notice-period

South African Music Rights Organisation Ltd v Mphatsoe (J 595/08)

South African Music Rights Organisation Ltd v Mphatsoe (J 595/08) [2009] ZALC 34; [2009] 7 BLLR 696 (LC); (2009) 30 ILJ 2482 (LC) (23 March 2009)

Court

Labour Court

Case number

J 595/08

Judge

Van Niekerk

The Labour Court held that a contractual “calendar month” notice period ran to month-end, but dismissed SAMRO’s damages claim for lack of proven loss.

• Breach Of Employment Contract
• Notice Periods
• Calendar Month Interpretation
• Damages For Wrongful Termination
• Employment-contract
• Notice-periods