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South Africa decisions
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Mahofa v Protobac (Pty) Ltd and Another (JS162/24) [2025] ZALCJHB 95 (3 March 2025)
The Labour Court upheld an exception to an amended statement of claim, finding no pleaded basis for joint liability or salary claims against the second defendant.
Jesse v Mason (J1406/14) [2014] ZALCJHB 268 (16 July 2014)
The court found the application urgent due to the applicant's imminent eviction and health concerns. The employment contract provided for a net salary of R50,000 per month, and the respondent undertook personal liability, jointly and severally with Metson At Home (Pty) Ltd. Suspension was with pay, and sick leave was medically certified, with no credible evidence to the contrary. The applicant was entitled to payment for the entire month of April 2014. The respondent's arguments regarding employer identity, urgency, res judicata, and abuse of process were rejected. No adequate alternative rem…
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Solidarity obo Hartzenberg v Vioflot Construction (Pty) Ltd t/a KLP Structures & Construction (JS 880/12) [2013] ZALCJHB 70 (2 May 2013)
The Labour Court granted default judgment for unpaid salary under section 77(3) of the BCEA, ordering payment of R14,500 plus interest and deductions.
Masiye v MEC for Education: Mpumalanga (J3340/2012) [2013] ZALCJHB 1 (7 January 2013)
Urgent application for unpaid salary dismissed because the applicant had an adequate alternative remedy under section 77(1) of the BCEA.
Comtech Networking Solutions CC v Director General of Department of Labour NO and Another (J2614/08) [2009] ZALCJHB 89 (28 August 2009)
The Labour Court found that the Department of Labour acted with bias and failed to provide the employer with a fair opportunity to respond to the employee's claims. The documentary evidence supported the employer's version regarding the June 2008 salary advance and the absence of a valid claim for September and October 2007. The Department of Labour lacked jurisdiction to order payment for claims older than 12 months under section 70(d) of the BCEA. The court held that the validity of the commission forfeiture clause could not be determined without further evidence and argument, and thus refe…
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Comtech Networking Solutions CC v Director General of Labour NO and Another (J2614/08) [2009] ZALC 87; (2010) 31 ILJ 600 (LC) (28 August 2009)
The Labour Court upheld an appeal against a compliance order, dismissed salary claims as unfounded and time-barred, and sent the commission dispute back for reconsideration.
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