South Africa Case Law

Buys v Oasis Group Holdings (C422/2020)

Buys v Oasis Group Holdings (C422/2020) [2022] ZALCCT 5; [2022] 4 BLLR 358 (LC); (2022) 43 ILJ 1112 (LC) (24 January 2022)

Court

Labour Court Cape Town

Case number

C422/2020

Judge

Rabkin-Naicker

The court found that the respondent breached the employment contract by failing to pay the applicant his notice pay for the period during which he tendered his services but was placed on unpaid leave due to the Covid-19 lockdown. The respondent's reliance on the 'no work no pay' principle was misplaced, as this principle is primarily applicable in the context of collective bargaining and not where an employee tenders service during a notice period. The head of the institution was entitled to determine essential staff under the Disaster Management Act regulations, but this did not absolve the…

Source excerpt

• Notice Pay
• No Work No Pay Principle
• Covid 19 Lockdown
• Specific Performance
• Breach Of Contract

NEHAWU and Others v North West Provincial Dept of Social Development and Another (J1254/21)

NEHAWU and Others v North West Provincial Dept of Social Development and Another (J1254/21) [2021] ZALCJHB 376 (18 October 2021)

Court

Labour Court Johannesburg

Case number

J1254/21

Judge

A van Niekerk

Urgent application to stop salary deductions under a no work, no pay policy was struck off for lack of urgency; costs were awarded against the first applicant.

• No Work No Pay Principle
• Urgent Interdict
• Deductions From Remuneration
• Contract Of Employment
• Costs Follow Result
• No-work-no-pay-principle