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Massmart Holdings Limited v Theron (JS1043/16) [2018] ZALCJHB 4; (2018) 39 ILJ 870 (LC) (11 January 2018)
The Labour Court held that a former employee breached a contractual undertaking by helping recruit a colleague to his new employer, and awarded damages.
Metal Industries Benefit Funds Administrator v Myburgh (JS854/13) [2017] ZALCJHB 317 (29 August 2017)
The court found that the respondent's resignation prior to the completion of the contractual work constituted a breach of the fixed term contract, as there was no provision for termination by notice before the resolutive event. The applicant was entitled to damages for the unnecessary expense caused by the breach, specifically the recruitment fee paid to replace the respondent. The initial recruitment fee was not recoverable, as it was incurred before the breach and was not a direct consequence of the respondent's premature termination. The court held that only the second recruitment fee was…
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