Black Affairs Administration Board, Western Cape and Another v Mthiya (25/84)
Black Affairs Administration Board, Western Cape and Another v Mthiya (25/84) [1985] ZASCA 85 (16 September 1985)
The Supreme Court of Appeal held that section 10(1)(b) of Act 25 of 1945 does not require an uninterrupted contractual relationship of employment for the continuity of work. The emphasis is on the employee's activities rather than the contract. The respondent's absences, although lengthy, were agreed upon with his employer and did not constitute unreasonable interruptions. The arrangements were more than loose understandings, and the respondent was entitled and obliged to resume his employment after each absence. The Court found that the absences did not break the continuity required by the A…
Source excerpt
- Continuous Employment
- Section 10 1 B Black Laws
- Leave Of Absence
- Statutory Interpretation