South Africa Case Law

Barrier v Paramount Advanced Technologies (Pty) Ltd (JA35/2020)

Barrier v Paramount Advanced Technologies (Pty) Ltd (JA35/2020) [2021] ZALAC 6; (2021) 42 ILJ 1177 (LAC); [2021] 7 BLLR 643 (LAC) (18 February 2021)

Court

Labour Appeal Court

Case number

JA35/2020

Judges

Davis JA, Coppin JA, Molefe AJA

The Labour Appeal Court held that uninterrupted service after retirement age counted toward severance pay after retrenchment, and the full employment period had to be used.

• Severance Pay
• Continuous Service
• Basic Conditions Of Employment Act
• Retirement And Retrenchment
• Arbitration Review
• Section 41 Bcea

Marques and Others v Group Five Construction (Pty) Ltd and Others (D1051/19)

Marques and Others v Group Five Construction (Pty) Ltd and Others (D1051/19) [2019] ZALCJHB 330; (2020) 41 ILJ 677 (LC) (25 July 2019)

Court

Labour Court Johannesburg

Case number

D1051/19

Judge

Lagrange

The Labour Court dismissed an urgent bid for immediate severance pay from employees retrenched during business rescue, holding it lacked jurisdiction to uplift the statutory moratorium.

• Business Rescue Moratorium
• Severance Pay
• Jurisdiction Of Labour Court
• Section 133 Companies Act
• Section 41 Bcea
• Business-rescue-moratorium

Capstick-Dale and Another v Sustainable Fibre Solutions (Pty) Ltd (C424/11)

Capstick-Dale and Another v Sustainable Fibre Solutions (Pty) Ltd (C424/11) [2012] ZALCCT 24; (2013) 34 ILJ 129 (LC) (18 June 2012)

Court

Labour Court Cape Town

Case number

C424/11

Judge

Anton Steenkamp

The applicants, through their attorney, made a clear and unequivocal election not to rely on section 197 of the Labour Relations Act in their CCMA proceedings, instead basing their claim on an alleged oral undertaking by the respondent. This election was communicated to the respondent, who acted upon it by objecting to the CCMA's jurisdiction. The applicants are now estopped from changing their legal basis and relying on section 197 in the Labour Court. Allowing them to do so would prejudice the respondent and undermine the fairness and finality of the dispute resolution process. The point in…

Source excerpt

• Jurisdiction
• Election And Estoppel
• Severance Pay
• Section 197 Lra
• Section 41 Bcea

Vergenoeg vir Seniors v Stone and Others (JA 45/08)

Vergenoeg vir Seniors v Stone and Others (JA 45/08) [2010] ZALAC 35 (4 June 2010)

Court

Labour Appeal Court

Case number

JA 45/08

Judges

Tlaletsi, Patel, Hendricks

The Labour Appeal Court held that section 41(4) of the BCEA clearly provides that employees who accept alternative employment arranged by their employer, whether with the same employer or another, are not entitled to severance pay. The Court found that the appellant had negotiated and facilitated alternative employment for the individual employees with Fidelity, and the employees accepted and commenced such employment immediately after termination with the appellant. The Labour Court erred in failing to apply the binding ratio from Irvin & Johnson, which establishes that acceptance of alterna…

Source excerpt

• Severance Pay
• Dismissal For Operational Requirements
• Alternative Employment Offer
• Basic Conditions Of Employment Act
• Section 41 Bcea