South Africa Case Law

Matshidiso v Chief Executive Officer - South African Social Security Agency and Another (J 1175/2022)

Matshidiso v Chief Executive Officer - South African Social Security Agency and Another (J 1175/2022) [2022] ZALCJHB 365 (29 September 2022)

Court

Labour Court Johannesburg

Case number

J 1175/2022

Judge

Lagrange

The Labour Court struck the matter from the roll for lack of urgency, holding that financial hardship alone was insufficient and no exceptional circumstances were shown.

• Urgency In Labour Applications
• Incapacity Leave
• Ill Health Retirement
• Unlawful Suspension
• Salary Non Payment
• Urgency-in-labour-applications

Du Toit v Erudite Projects (Pty) Ltd (J 539/21)

Du Toit v Erudite Projects (Pty) Ltd (J 539/21) [2021] ZALCJHB 74 (2 June 2021)

Court

Labour Court Johannesburg

Case number

J 539/21

Judge

Mahosi

The court found that the applicant failed to demonstrate exceptional circumstances justifying urgent relief. The urgency was based primarily on alleged financial hardship, which, according to established principles, does not in itself constitute sufficient grounds for urgency. The applicant did not adequately set out why substantial redress could not be afforded at a later hearing. The application was therefore struck off the roll for want of urgency. Regarding costs, the court exercised its discretion and, guided by fairness and the interests of justice, made no order as to costs.

Source excerpt

• Urgent Interdict
• Precautionary Suspension
• Salary Non Payment
• Costs Award

Erens and Another v EnValue AG (Pty) Ltd (JS 285/14)

Erens and Another v EnValue AG (Pty) Ltd (JS 285/14) [2015] ZALCJHB 118 (17 March 2015)

Court

Labour Court Johannesburg

Case number

JS 285/14

Judge

Molahlehi

The Labour Court granted default judgment after finding the employer breached the applicants’ employment contracts by failing to pay salary and benefits.

• Breach Of Employment Contract
• Salary Non Payment
• Notice Pay
• Accrued Leave
• Default Judgment
• Labour-law

Naidoo v The Careways Group (Pty) Ltd and Another (J945/13)

Naidoo v The Careways Group (Pty) Ltd and Another (J945/13) [2013] ZALCJHB 96; [2014] 1 BLLR 69 (LC); (2014) 35 ILJ 181 (LC) (29 May 2013)

Court

Labour Court Johannesburg

Case number

J945/13

Judge

Molahlehi

The court found that the applicant was unlawfully suspended and that the respondents failed to pay her salary for April 2013 without legal justification. The employer's obligation to deduct tax from salary arises ex lege and cannot be excluded by agreement. The respondents' claim of 'dirty hands' was not substantiated and did not justify withholding salary. The applicant is entitled to payment of her monthly salary less lawful deductions, including tax, pending the outcome of arbitration. Suspension without pay is unlawful unless contractually agreed. The matter was urgent due to the applican…

Source excerpt

• Salary Non Payment
• Urgent Interdict
• Tax Deduction
• Basic Conditions Of Employment Act
• Unlawful Suspension

Turro and Others v Taxaid (Pty) Ltd (P586/2000)

Turro and Others v Taxaid (Pty) Ltd (P586/2000) [2000] ZALC 81 (16 August 2000)

Court

Labour Court

Case number

P586/2000

Judge

Revelas

Urgent labour application over unpaid salaries and a disputed lay-off agreement was dismissed for lack of urgency, but June 2000 salaries were ordered paid.

• Unfair Labour Practice
• Retrenchment Consultation
• Urgent Interdict
• Salary Non Payment
• Urgent-labour-application
• Salary-non-payment