South Africa Case Law

Solidarity obo Scholtz M v Gijima Holdings (Pty) Ltd (JA131/2017)

Solidarity obo Scholtz M v Gijima Holdings (Pty) Ltd (JA131/2017) [2019] ZALAC 29; (2019) 40 ILJ 1216 (LAC); [2019] 8 BLLR 774 (LAC) (26 February 2019)

Court

Labour Appeal Court

Case number

JA131/2017

Judges

Phatshoane, Sutherland, Kathree-Setiloane

The ELISA was a reciprocal contract requiring the employee to remain in employment for 12 months following payment of the retention bonus. Mr Scholtz urged the employer to pay the bonus after notice of termination and accepted the payment, thereby binding himself to the contract's terms. The purported cancellation of the ELISA was not effective as it was not reduced to writing and signed by both parties as required by Clause 8.2. Mr Scholtz did not accept the repudiation but instead insisted on performance. The deduction of the retention bonus from his terminal remuneration was justified unde…

Source excerpt

• Unlawful Deduction
• Retention Bonus
• Reciprocal Contracts
• Breach Of Contract
• Specific Performance
• Basic Conditions Of Employment Act

Bonfigioli South Africa (Pty) Ltd v Panaino (CA 19/13)

Bonfigioli South Africa (Pty) Ltd v Panaino (CA 19/13) [2014] ZALAC 59; (2015) 36 ILJ 947 (LAC) (23 October 2014)

Court

Labour Appeal Court

Case number

CA 19/13

Judges

Musi JA, Murphy AJA, Setiloane AJA

The Labour Appeal Court held that a restraint of trade became enforceable only when employment actually ended, not when a retention bonus matured.

• Restraint Of Trade
• Retention Bonus
• Contract Interpretation
• Termination Of Employment
• Restraint-of-trade
• Retention-bonus