Hartley v SMD Trading Group CC (D138/21)
Hartley v SMD Trading Group CC (D138/21) [2024] ZALCD 16; (2024) 45 ILJ 2561 (LC) (26 June 2024)
The court found that the respondent breached the applicant's employment contract by unilaterally reducing his salary from R228,500.00 to R75,000.00 per month without agreement. The evidence did not support the respondent's claim of a verbal agreement to the reduction, and the applicant's conduct did not amount to acquiescence. The applicant was entitled to damages for the difference in salary for the three months affected. Regarding leave pay, the applicant failed to prove entitlement to 73 days; the evidence and company policy supported only 15 days' leave pay, which had been paid at the red…
Source excerpt
- Breach Of Employment Contract
- Unilateral Salary Reduction
- Leave Pay Entitlement
- Basic Conditions Of Employment Act
- Mora Interest
- Costs In Employment Disputes