South Africa Case Law

Caydavul and Another v Kamal Cape Town Iron and Steel Co (Pty) Ltd (JS619/23)

Caydavul and Another v Kamal Cape Town Iron and Steel Co (Pty) Ltd (JS619/23) [2025] ZALCJHB 223 (9 June 2025)

Court

Labour Court Johannesburg

Case number

JS619/23

Judge

Daniels

The plaintiffs remained employed by the defendant until their dismissal on 12 December 2023. The lay-off period was not lawfully extended by agreement, and the defendant conceded that no such agreement existed. The plaintiffs tendered their services throughout the relevant period, except during the business rescue period when they were paid. The defendant's argument that the second plaintiff's entitlement to remuneration was affected by the lapse of his work permit was rejected, as the employment contract was not rendered void and the defendant continued to treat him as an employee. The plain…

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• Contractual Remuneration
• Basic Conditions Of Employment Act
• Unpaid Wages
• Business Rescue
• Termination Of Employment

Resource Africa Trust v Mija (A 225/2024)

Resource Africa Trust v Mija (A 225/2024) [2025] ZAWCHC 87; [2025] 2 All SA 867 (WCC) (7 March 2025)

Court

Western Cape High Court, Cape Town

Case number

A 225/2024

Judges

Cloete, Siyo

The court held that the respondent's claim for unpaid wages was a distinct contractual claim, separate from the unfair dismissal dispute referred to the CCMA. Prescription for the unpaid wages claim began to run on 12 July 2016, when the employment relationship ended. The referral to the CCMA interrupted prescription only for the unfair dismissal claim, not for the contractual claim for unpaid wages. The respondent abandoned the CCMA process in December 2016 and only served summons for unpaid wages on 26 August 2019, more than three years after the cause of action arose. Therefore, the claim…

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• Prescription Act
• Unpaid Wages
• Special Plea
• Unfair Dismissal
• Jurisdiction Of Ccma

McLaren and Others v Acting Chief Executive Officer of the National Construction Incubator and Others (123420/24)

McLaren and Others v Acting Chief Executive Officer of the National Construction Incubator and Others (123420/24) [2024] ZAGPPHC 1380 (27 December 2024)

Court

North Gauteng High Court, Pretoria

Case number

123420/24

Judge

Wentzel AJ

The High Court ordered the National Construction Incubator to pay employees’ outstanding salaries, but refused to compel SEDA or the Minister to release funds.

• Unpaid Wages
• Employment Contract
• Urgent Interdict
• Separation Of Powers
• Unpaid-wages
• Employment-contract

Gomes v AMS Global South African (Pty) Ltd (C759/2018)

Gomes v AMS Global South African (Pty) Ltd (C759/2018) [2020] ZALCCT 27 (21 October 2020)

Court

Labour Court Cape Town

Case number

C759/2018

Judge

Lagrange

The Labour Court granted default judgment for unpaid remuneration, ordering AMS Global South African to pay salary shortfalls and interest, but rejected leave pay and severance claims.

• Contractual Remuneration Claim
• Unpaid Wages
• Leave Pay Entitlement
• Prescribed Rate Of Interest
• Unpaid-wages
• Remuneration-claims

Munengani and Others v Bob Cuts Hair Saloon and Others (J 507/20)

Munengani and Others v Bob Cuts Hair Saloon and Others (J 507/20) [2020] ZALCJHB 101 (23 June 2020)

Court

Labour Court Johannesburg

Case number

J 507/20

Judge

Tlhotlhalemaje

Urgent labour-court claim for unpaid wages and UIF relief was struck off/dismissed because urgency was not shown and factual disputes made final relief unsuitable.

• Urgent Application
• Unpaid Wages
• Jurisdiction Of Labour Court
• Unemployment Insurance Act
• Disputes Of Fact
• Urgent-application

AMCU obo Phele and Others v BDM Management (Pty) Ltd and Another (JR2223/2014)

AMCU obo Phele and Others v BDM Management (Pty) Ltd and Another (JR2223/2014) [2016] ZALCJHB 424 (4 November 2016)

Court

Labour Court Johannesburg

Case number

JR2223/2014

Judge

E Molahlehi

The court found that the fax cover page sent by the respondent to the union did not constitute proper notification of the termination of the employment contracts. The employment contracts endured until 26 March 2012, when the actual notice of termination was received by the union. The respondent had a duty to ensure that the notice of termination was properly conveyed and received. As a result, the employees were entitled to remuneration for the period between the disciplinary hearing and the date of actual notification. The respondent's argument that the union should have contacted them abou…

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• Termination Of Employment
• Notice Requirements
• Unpaid Wages
• Common Law Contract
• Disciplinary Procedure

Hortons v Raffee NO and Others (JR1220/09)

Hortons v Raffee NO and Others (JR1220/09) [2010] ZALC 247 (26 October 2010)

Court

Labour Court

Case number

JR1220/09

Judge

Francis

The Labour Court dismissed a review of a CCMA award after finding no gross irregularity in awarding the employee R10 785 for unpaid savings and sheriff’s returns.

• Review Of Arbitration Award
• Commissioner Powers
• Unpaid Wages
• Basic Conditions Of Employment Act
• Constructive Dismissal
• Labour-law