Swanepoel v Kievietskroon Country Estate (J2525/07)
Swanepoel v Kievietskroon Country Estate (J2525/07) [2009] ZALC 217 (29 April 2009)
The court found that section 42 of the BCEA does not impose an absolute obligation on employers to issue a certificate of service unless requested by the employee. The applicant did not make a reasonable request prior to launching the application, and the respondent did not refuse to provide the certificate but was awaiting the personnel manager's return. The Labour Court's jurisdiction under section 77(3) of the BCEA was doubtful, as the right to a certificate of service is not a basic condition of employment as defined in the Act. The court held that the applicant should have pursued enforc…
Source excerpt
- Certificate Of Service
- Basic Conditions Of Employment Act
- Jurisdiction Of Labour Court
- Costs Award
- Enforcement Mechanisms
- Section 42 Bcea