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South Africa decisions
Decisions matching the current search
Vela v Efora Energy Limited (385/2018) [2019] ZASCA 44 (29 March 2019)
The court dismissed most of an executive’s appeal over PAYE, bonus, leave pay, and share options, but allowed a reduced leave pay claim.
MacKay v Bidcorp Food Africa (Pty) Ltd and Others (40557/17) [2018] ZAGPJHC 714 (28 June 2018)
The court found that the applicant did not resign but was retrenched due to operational requirements following the sale and restructuring of Patleys. The supplementary agreement was not a simulated contract but reflected the true nature of the separation, negotiated openly and for legitimate commercial reasons. Bidcorp failed to establish a genuine dispute of fact or simulation, as its evidence was insufficient and lacked direct knowledge of the circumstances. The applicant was candid about preserving his entitlement to the consideration, and the agreements were implemented as negotiated. The…
Source excerpt
Visagie NO v MTN Group Ltd (2012/7302) [2013] ZAGPJHC 271 (31 October 2013)
The High Court dismissed an estate claim that a retrenchment agreement entitled Mr Visagie to the value of 135,000 MTN shares, finding the clause only recorded his trust benefit.
Amplats Management Services (Pty) Ltd. v van Jaarsveld (269/06) [2007] ZASCA 72; (2007) 28 ILJ 2669 (SCA) (31 May 2007)
The Supreme Court of Appeal held that no binding contract of permanent employment was proved and upheld the dismissal of the respondent’s damages claim.
Investec Bank Ltd. and Another v Lefkowitz (384/95) [1996] ZASCA 136; 1997 (3) SA 1 (SCA); [1997] 1 All SA 581 (A); (27 November 1996)
The court held that the operative share trust deed governed the options, making the employee’s early exercise premature and ineffective.
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