South Africa Case Law

Motor Industry Bargaining Council v Botha and Another (34198/2013)

Motor Industry Bargaining Council v Botha and Another (34198/2013) [2016] ZAGPPHC 615 (10 June 2016)

Court

North Gauteng High Court, Pretoria

Case number

34198/2013

Judge

Van der Westhuizen

The court found that the defendants, as directors, failed to pay statutory deductions to the plaintiff as required by collective agreements and the Labour Relations Act. Their explanations for non-payment were contradictory and unconvincing, and evidence showed a deliberate intention not to pay creditors, including the plaintiff. The directors misrepresented deductions on payslips and used the funds to expand the business, acting with gross negligence and intent to defraud. The court held that section 424 of the repealed Companies Act continued to apply to the winding-up and liquidation of pr…

Source excerpt

• Reckless Trading
• Director Liability
• Statutory Deductions
• Personal Liability
• Collective Agreements

Davidson v Emvest Asset Management (Pty) Ltd (JS 306/2012)

Davidson v Emvest Asset Management (Pty) Ltd (JS 306/2012) [2013] ZALCJHB 255; (2014) 35 ILJ 171 (LC) (28 May 2013)

Court

Labour Court Johannesburg

Case number

JS 306/2012

Judge

Prinsloo

The Labour Court ordered payment of unpaid remuneration and accrued leave, rejecting the employer’s tax-based withholding defence and awarding attorney-and-client costs.

• Basic Conditions Of Employment Act
• Remuneration Claim
• Leave Entitlement
• Statutory Deductions
• Punitive Costs
• Unpaid-remuneration

Molakeng v Padongelukfonds (53523/07)

Molakeng v Padongelukfonds (53523/07) [2010] ZAGPPHC 201 (16 November 2010)

Court

North Gauteng High Court, Pretoria

Case number

53523/07

Judge

B.R. du Plessis

The court held that section 36(2) of the Compensation for Occupational Injuries and Diseases Act requires the deduction of compensation received under the Act from any damages awarded for loss of support against the Road Accident Fund. The Supreme Court of Appeal's decision in Sasol Synthetic Fuels (Pty) Ltd and Others v Lambert and Others is binding and confirms that there is no conflict between the relevant statutory provisions. The discretion referenced in Erasmus, Ferreira & Ackerman and Others does not apply to statutory compensation under the Act. Accordingly, the compensation received…

Source excerpt

• Loss Of Support
• Compensation For Occupational Injuries
• Statutory Deductions
• Quantification Of Damages