South Africa Case Law

H & H Specialized Services (Pty) Ltd v Bezuidenhout and Others (J318/21)

H & H Specialized Services (Pty) Ltd v Bezuidenhout and Others (J318/21) [2023] ZALCJHB 333 (22 November 2023)

Court

Labour Court Johannesburg

Case number

J318/21

Judge

N Motshegare

The writ of execution was set aside because it was issued for an amount inclusive of VAT, based on an invoice, rather than for remuneration as ordered by the Consented Order. The Consented Order required payment of remuneration for the suspension period, which, in the context of an employment relationship, obliged the applicant to deduct employee's tax before payment. The respondent's refusal to provide tax information prevented the applicant from complying with the order. The writ was therefore not in conformity with the judgment and could not be enforced as issued. The applicant's obligatio…

Source excerpt

• Writ Of Execution
• Remuneration
• Tax Deduction
• Employment Relationship
• Stay Of Execution

Health and Welfare Sector Education and Training Authority v Mayosi and Another (C141/20)

Health and Welfare Sector Education and Training Authority v Mayosi and Another (C141/20) [2021] ZALCCT 14 (25 March 2021)

Court

Labour Court Cape Town

Case number

C141/20

Judge

Rabkin-Naicker

The Labour Court set aside a writ of execution after finding the employer lawfully deducted tax and the settlement amount had been paid for the employee’s benefit.

• Settlement Agreement
• Writ Of Execution
• Tax Deduction
• Payment Into Wrong Account
• Settlement-agreement
• Writ-of-execution

Naidoo v The Careways Group (Pty) Ltd and Another (J945/13)

Naidoo v The Careways Group (Pty) Ltd and Another (J945/13) [2013] ZALCJHB 96; [2014] 1 BLLR 69 (LC); (2014) 35 ILJ 181 (LC) (29 May 2013)

Court

Labour Court Johannesburg

Case number

J945/13

Judge

Molahlehi

The court found that the applicant was unlawfully suspended and that the respondents failed to pay her salary for April 2013 without legal justification. The employer's obligation to deduct tax from salary arises ex lege and cannot be excluded by agreement. The respondents' claim of 'dirty hands' was not substantiated and did not justify withholding salary. The applicant is entitled to payment of her monthly salary less lawful deductions, including tax, pending the outcome of arbitration. Suspension without pay is unlawful unless contractually agreed. The matter was urgent due to the applican…

Source excerpt

• Salary Non Payment
• Urgent Interdict
• Tax Deduction
• Basic Conditions Of Employment Act
• Unlawful Suspension