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South Africa decisions
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Commission for Gender Equality v Mrwebo and Others (JR1424/20) [2024] ZALCJHB 459 (19 November 2024)
The Labour Court held that the Commission could not withdraw a 17% provident fund contribution from a level 12 employee where its case concerned only level 11 employees.
Quantum Foods (Pty) Ltd v Commissioner H Jacobs N.O. and Others (JA85/2022) [2023] ZALAC 27; [2024] 1 BLLR 32 (LAC); (2024) 45 ILJ 71 (LAC) (18 October 2023)
The Labour Appeal Court held that a contractual bonus and provident fund contributions had to be included in minimum wage calculations under section 5 of the Act.
Private Security Sector Provident Fund v Isidingo Security Services (t-a Unitrade (Pty) Ltd) (3048/2021P) [2022] ZAKZPHC 67 (14 June 2022)
The court found that the applicant's claim for late payment interest in respect of the acknowledged debt had prescribed. The Prescription Act provides that a debt prescribes after three years unless otherwise specified, and the obligation to pay interest is a debt subject to prescription. The Acknowledgment of Debt required the applicant to communicate the interest amount to respondents by no later than 7 December 2016, but this was not done. All capital contributions were paid by 7 January 2017, and no action was instituted for the interest before the expiry of the prescriptive period in Jan…
Source excerpt
Private Security Sector Provident Fund v Isidingo Security Services (t/a Unitrade (Pty) Ltd ) (3048/2021P) [2022] ZAKZPHC 69 (14 June 2022)
The High Court held that the fund’s claim for late payment interest had prescribed and could not be enforced, so it did not decide the in duplum issue.
Bekko and Others v South African Post Office SOC Ltd (C46/2020) [2021] ZALCCT 35 (4 June 2021)
The Labour Court dismissed an application to compel South African Post Office to pay and employ transferred workers on equal terms, finding the settlement award did not cover the disputed offer terms.
Mashamaite v Morgan Beef Investments (PTY) LTD and Others (28767/17) [2019] ZAGPPHC 31 (20 February 2019)
The High Court ordered the employer to pay arrear provident fund contributions and late-payment interest after failing to prove the deductions were paid over.
Moore v Leamar Environmental Solutions (54987/2012) [2014] ZAGPPHC 380; - (18 June 2014)
Opposed winding-up application where an employment-related debt was disputed. The court referred the provident fund and 5% bonus issues to oral evidence.
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