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…
Source excerpt
- Arrear Wages
- Reinstatement Order
- Contempt Of Court
- Basic Conditions Of Employment Act
- Judgment Debt Vs Contract Debt