South Africa Case Law

Mahlanga N.O v Rand Water (J 547/2020)

Mahlanga N.O v Rand Water (J 547/2020) [2022] ZALCJHB 329; (2023) 44 ILJ 569 (LC) (16 November 2022)

Court

Labour Court Johannesburg

Case number

J 547/2020

Judge

Prinsloo

The court held that Mr Mhlanga did not tender his services as Mechanics Foreman in accordance with the arbitration award, nor did the respondent reinstate him in that position. Instead, Mr Mhlanga accepted an offer of re-employment in a different position and on different terms, which extinguished any claim for outstanding remuneration under the original contract. The authorities confirm that reinstatement requires both a tender of services and acceptance by the employer; without these, the contract is not restored and no claim for backpay arises. The application for payment of outstanding re…

Source excerpt

• Reinstatement
• Arrear Wages
• Backpay
• Re Employment
• Contractual Entitlement

Van der Westhuizen v BDM Management (Pty) Ltd (C98/2013)

Van der Westhuizen v BDM Management (Pty) Ltd (C98/2013) [2018] ZALCCT 14 (10 May 2018)

Court

Labour Court Cape Town

Case number

C98/2013

Judge

Steenkamp

The applicant failed to prove that the respondent was in contempt of the Labour Court order. Although the respondent did not offer the applicant re-employment, it was established that no suitable vacancy outside the noise zone had arisen, and the applicant was medically prohibited from working in the noise zone. The respondent's reliance on medical advice was reasonable and not wilful or mala fide. The requirements for contempt, specifically wilfulness and mala fides, were not satisfied. Accordingly, the application for contempt was dismissed.

Source excerpt

• Contempt Of Court
• Settlement Agreement
• Unfair Dismissal
• Re Employment
• Disability Discrimination

Pieterse v Majila NO and Others (C296/2005)

Pieterse v Majila NO and Others (C296/2005) [2009] ZALC 260 (10 March 2009)

Court

Labour Court

Case number

C296/2005

Judge

Cele

Labour Court review of an arbitration award ordering re-employment instead of reinstatement after dismissal for misconduct. The court dismissed the review.

• Unfair Dismissal
• Reinstatement
• Re Employment
• Arbitration Award Review
• Misconduct
• Section 193 Lra