Fly v King Sabata Dalindyebo Local Municipality (KSD) (855/2020)
Fly v King Sabata Dalindyebo Local Municipality (KSD) (855/2020) [2021] ZAECMHC 12 (24 February 2021)
The court found that the applicant failed to establish a cause of action in her founding affidavit for the relief sought. The employment agreement did not create enforceable rights to overtime, night work, Sunday work, public holiday work, or rental allowances under the circumstances, as the applicant was placed on light duty due to her medical condition. The respondent's version, supported by affidavits, raised a real and bona fide dispute of fact, which the applicant did not seek to resolve by referral to oral evidence. The statutory grounds relied upon were imprecisely formulated and unenf…
Source excerpt
- Employment Contract Interpretation
- Remuneration And Allowances
- Overtime And Shift Work
- Motion Proceedings
- Dispute Of Fact