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Labour Law [2019] ZALCD 1

Kubeka and Others v Ni-Da Transport (Pty) Ltd (D726-18;J5386-17)

Kubeka and Others v Ni-Da Transport (Pty) Ltd (D726-18;J5386-17) [2019] ZALCD 1; [2019] 5 BLLR 463 (LC); (2019) 40 ILJ 1312 (LC) (31 January 2019)

The court held that the applicants were not entitled to arrear wages under a contractual claim because backpay only becomes due once the employment contract is fully restored, which requires both a tender of services and acceptance by the employer. The correct legal process for enforcing reinstatement and associated backpay is contempt proceedings, not a contractual claim under section 77(3) of the BCEA. The evidence established that a tender of services was made by a union official on behalf of the applicants, but the respondent refused reinstatement, choosing instead to pursue appeals. Howe…

  • Arrear Wages
  • Reinstatement Order
  • Contempt Of Court
  • Basic Conditions Of Employment Act
  • Judgment Debt Vs Contract Debt
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