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South Africa Case Law

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Labour Law [2017] ZALCJHB 167

Thorp v National Homebuilders Registration Council (JS845/2014)

Thorp v National Homebuilders Registration Council (JS845/2014) [2017] ZALCJHB 167 (6 April 2017)

The Labour Court dismissed a contract claim for a higher bonus and a two-year termination payment, finding no binding agreement and a discretionary bonus scheme.

  • Fixed Term Contracts
  • Performance Bonus
  • Contractual Discretion
  • Termination Payments
  • Fixed-term-contracts
  • Performance-bonus
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Labour Law [2013] ZALCJHB 291

Ludick v Rural Maintenance (Pty) Ltd (JS 633/07)

Ludick v Rural Maintenance (Pty) Ltd (JS 633/07) [2013] ZALCJHB 291; [2014] 2 BLLR 178 (LC) (30 October 2013)

The court held that the BCEA establishes a minimum standard for annual leave and its payment on termination. The Act does not permit unlimited accrual of leave, nor does it contemplate automatic forfeiture of leave not taken within six months after the end of a leave cycle. Contractual provisions that stipulate forfeiture of leave before the expiry of the statutory six-month period are less favourable than the BCEA and must be read down. The plaintiff is entitled to payment for annual leave accrued during the leave cycle ending 5 January 2006 but not taken, together with interest. Claims for…

  • Annual Leave Entitlement
  • Basic Conditions Of Employment Act
  • Forfeiture Of Leave
  • Employment Contract Terms
  • Termination Payments
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.