Skip to main content

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?

_____________________________________

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.
August 17, 2026

We think that everyone understands that an employer is vicariously liable for the wrong committed (an act or omission) by its employee during the course/scope/sphere of employment/engagement in any activity reasonably incidental to it.

But, what is the extent of an employer’s vicarious liability where the employee commits a wrong on his or her own volition?

August 10, 2026

What is the content of traditional consensus to indicate that an agreement exists between an employer and an employee?

If, on the traditional theory of consensus, a party fails to prove an agreement upon which it relies, with reference to Sonap Petroleum SA (Pty) Ltd v Pappadogianis 1992 (3) SA 234 (A), on what basis can a finding be made that quasi-mutual assent exists, founded on the approach that a party is precluded from denying the existence of an agreement based on their own conduct and the circumstances?

What does the three-fold enquiry entail to determine the presence of quasi-mutual assent?

In determining whether an agreement has been reached in the absence of traditional consensus, but on the basis of quasi-mutual assent, what is the extent of the duty on the party wishing to rely on such an agreement to, on the basis of reasonableness, enquire as to the contradictions that exist in the position of the other party so contained in correspondence?

August 3, 2026

Where do delictual claims fit into dispute resolution options applicable to employment disputes?