Article 10/2024

LabourEdge

What are the options available to an employee when an employer allegedly owes such employee monies in terms of a contract of employment?

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Scenario 1:  earning above the threshold

  • The current threshold in terms of s6(3) of the BCEA is R241 110.59 per annum.
  • If an employee wishes to resolve a dispute and earns above the said threshold, the employee has the following options available to him/her:
    • labour court
    • high court
    • magistrate’s court
    • small claims court – kindly take note that the small claims court has not geared itself to deal with these types of disputes

Scenario 2: earning below the threshold

  • In this regard, the threshold path is compulsory con-arb.
June 12, 2025

In terms of s34(1) of the BCEA, an employer may not make deductions from an employee’s remuneration unless, subject to s34(2), the employee agrees, in writing, or the deduction is made in terms of a law, collective agreement, court order or arbitration award.

June 5, 2025

A case is moot and therefore not justiciable if it no longer presents an existing or live controversy. With reference to National Coalition for Gay and Lesbian Equality and Others v Minister of Home Affairs and Others [1999] ZACC 17; 2000 (2) SA 1 (CC), how did the supreme court of appeal, in Mhlontlo Local Municipality and Others v Ngcangula and Another (2024) 35 SALLR 132 (SCA) recently deal with this issue?

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The principle underlying the doctrine of peremption is that no person can be allowed to take up two positions inconsistent with one another, or, as is commonly expressed, to blow hot and cold, to approbate and reprobate when considering pursuing litigation. With reference to Qoboshiyane NO v Avusa Publishing Eastern Cape [2012] ZASCA 166; 2013 (3) SA 315 (SCA), what is the test to be applied to determine whether or not a party has perempted its right to institute legal proceedings?