South Africa Case Law

Mkhwebane v Office of the Public Protector and Others (023495/2024)

Mkhwebane v Office of the Public Protector and Others (023495/2024) [2024] ZAGPPHC 995 (9 October 2024)

Court

North Gauteng High Court, Pretoria

Case number

023495/2024

Judge

Mooki

The court held that the applicant was not entitled to a gratuity upon removal from office for misconduct and incompetence. The Conditions of Service distinguish between 'vacation of office' and 'removal from office,' with the former referring to leaving office at the end of the term and the latter to removal for cause. The language and structure of the Conditions of Service, including the separate treatment of gratuity and transport allowances, support this distinction. The refusal to pay a gratuity was a contractual decision, not administrative action, and did not breach the Basic Conditions…

Source excerpt

• Removal Of Public Officer
• Interpretation Of Employment Contract
• Gratuity Entitlement
• Section 172 Declarator
• Administrative Action Review
• Basic Conditions Of Employment Act

Hlazo v OR Tambo District Municipality and Others (1175/2021)

Hlazo v OR Tambo District Municipality and Others (1175/2021) [2021] ZAECMHC 14 (4 May 2021)

Court

Eastern Cape High Court, Mthatha

Case number

1175/2021

Judge

M.S. Jolwana

The court found that the applicant's employment contract was for a fixed term of five years, as evidenced by both the contract and the letter of appointment, and that the reference to a two-year duration in clause 5.1 was a typographical error. The termination of the contract by the respondents was unlawful, as it was based on an incorrect interpretation of the contract and did not comply with section 57(6) of the Municipal Systems Act. The applicant was entitled to reinstatement and payment of outstanding salaries, subject to the statutory limitation that the contract cannot endure beyond on…

Source excerpt

• Unlawful Termination
• Specific Performance
• Municipal Manager Contract
• Interpretation Of Employment Contract
• Municipal Systems Act
• Urgency In Application

Emetonjor v Kintetsu World Express SA (Pty) Ltd (C736/16)

Emetonjor v Kintetsu World Express SA (Pty) Ltd (C736/16) [2018] ZALCCT 30 (11 September 2018)

Court

Labour Court Cape Town

Case number

C736/16

Judge

A J Steenkamp

The Labour Court dismissed an employee’s claim for commission, holding that the agreement required a 24-month calculation of both target and cost to company.

• Contractual Commission Dispute
• Interpretation Of Employment Contract
• Basic Conditions Of Employment Act
• Remuneration Calculation
• Contractual-commission-dispute
• Employment-contract-interpretation

De Wet v World Luxury Hotel Awards (Pty) Ltd (C 763/15)

De Wet v World Luxury Hotel Awards (Pty) Ltd (C 763/15) [2016] ZALCCT 31 (1 September 2016)

Court

Labour Court Cape Town

Case number

C 763/15

Judge

Steenkamp

The Labour Court held that an unusual employment contract entitled an employee who resigned to severance pay, but only on basic salary, not total remuneration.

• Contractual Severance Pay
• Interpretation Of Employment Contract
• Leave Pay
• Basic Conditions Of Employment Act
• Employment-contract-interpretation
• Contractual-severance-pay

Plaatjies v Commission for Conciliation, Mediation and Arbitration and Others (PR41/13)

Plaatjies v Commission for Conciliation, Mediation and Arbitration and Others (PR41/13) [2015] ZALCPE 59 (13 November 2015)

Court

Labour Court Port Elizabeth

Case number

PR 41/13

Judge

Lallie

The Labour Court reviewed and set aside an arbitration award after finding the commissioner misread the employment contract and ignored relevant evidence.

• Unfair Dismissal
• Condonation Of Late Filing
• Interpretation Of Employment Contract
• Incapacity Due To Criminal Conviction
• Labour-law
• Unfair-dismissal

African Realty Trust (Pty) Limited v Maake and Others (R1822/2010)

African Realty Trust (Pty) Limited v Maake and Others (R1822/2010) [2012] ZALCJHB 187 (26 October 2012)

Court

Labour Court Johannesburg

Case number

R1822/2010

Judge

Coetzee AJ

The Labour Court reviewed a CCMA award and held that the employee had orally resigned, so there was no dismissal and the award was set aside.

• Unfair Dismissal
• Oral Resignation
• Ccma Jurisdiction
• Interpretation Of Employment Contract
• Review Of Arbitration Award
• Oral-resignation

Gaylard v Telkom South Africa Ltd (C153/97)

Gaylard v Telkom South Africa Ltd (C153/97) [1998] ZALC 13 (15 May 1998)

Court

Labour Court

Case number

C153/97

Judge

E Revelas

The Labour Court held it had no jurisdiction over a claim for accumulated leave pay under an individual employment contract and dismissed the matter.

• Jurisdiction Of Labour Court
• Accumulated Leave Pay
• Residual Unfair Labour Practice
• Remuneration Claim
• Interpretation Of Employment Contract
• Labour-court-jurisdiction