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South Africa decisions
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Maseko v South African Post Office (JS1037/2019) [2021] ZALCJHB 385 (20 October 2021)
Default judgment was refused in an employment-contract dispute because the applicant did not plead a valid claim beyond the contractual notice period.
Khan v MMI Holdings Limited (C384/17) [2021] ZALCCT 38; (2021) 42 ILJ 1737 (LC) (4 May 2021)
The court found that the applicant was bound by a retirement policy or practice setting the retirement age at 60. The respondent gave valid notice of termination, and the limited damages rule applied, restricting any claim to unpaid notice pay, which had already been paid. The applicant's contractual claim for damages beyond the notice period was dismissed. Regarding the discrimination claim, the court held that the Employment Equity Act and Labour Relations Act must be interpreted consistently. Since the LRA provides that termination at a normal or agreed retirement age is fair, the retireme…
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