South Africa Case Law

Feliti v South African Broadcasting Corporation SOC Ltd (JS942/17)

Feliti v South African Broadcasting Corporation SOC Ltd (JS942/17) [2023] ZALCJHB 97 (27 January 2023)

Court

Labour Court Johannesburg

Case number

JS942/17

Judge

M T M Phehane

The court found that the respondent's letter of 19 April 2016 constituted an unequivocal repudiation and premature termination of the applicant's fixed-term contract, not mere placement on special leave. The applicant accepted the repudiation by not returning to work and handing in company property. The respondent's conduct breached the contract without just cause or adherence to disciplinary procedures. The applicant proved a causal link between the breach and his damages: he lost entitlement to accrued leave and the opportunity to qualify for post-retirement medical aid benefits, as he was…

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• Breach Of Fixed Term Contract
• Repudiation
• Damages For Breach
• Interest On Liquidated Debt
• Costs Award
• Post Retirement Benefits

Nel and Another v Gariep Local Municipality and Others (2512/2013)

Nel and Another v Gariep Local Municipality and Others (2512/2013) [2013] ZAECGHC 118 (13 June 2013)

Court

Eastern Cape High Court, Grahamstown

Case number

2512/2013

Judge

Roberson

The High Court held that the municipality remained contractually bound to subsidise retired employees’ medical aid contributions under a longstanding matching arrangement.

• Collective Agreements
• Post Retirement Benefits
• Contractual Obligation
• Medical Aid Subsidy
• Collective-agreements
• Post-retirement-benefits

Erasmus and Others v Senwes Ltd and Others (31964/04)

Erasmus and Others v Senwes Ltd and Others (31964/04) [2005] ZAGPHC 5; 2006 (3) SA 529 (T); (2006) 27 ILJ 259 (T) (1 January 2005)

Court

High Courts - Gauteng

Case number

31964/04

Judge

B.R. du Plessis

The court found that the applicants established a prima facie contractual right to continued medical scheme subsidies at pre-1 November 2004 levels. The relevant employment contract clause created a binding obligation on Senwes to pay the subsidy, subject only to reasonable amendments. Senwes's power to amend the contract is not unfettered and must be exercised reasonably, balancing the interests of both parties. The proposed reduction of subsidies by Senwes was not prompted by necessity or market changes but by a desire to increase profitability at the expense of pensioners, which was unreas…

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• Employment Contracts
• Post Retirement Benefits
• Interim Interdict
• Contractual Discretion
• Reasonableness Standard