Article 19/2021

Labour Edge

The scenario is as follows: an employer and employee conclude a retention bonus agreement.  The employer is in non-compliance with certain material aspects of such agreement.  The employee has not accepted such breaches.  Until when is the employer entitled to retract its position?


Traditionally it is said that repudiation is only ‘completed’ or rendered ‘absolute’ or ‘definite’ by its acceptance by the innocent party. Until there has been such acceptance the repudiation may be nullified or undone by the unilateral act of the innocent party (rejection of the repudiation) or the repudiator him-or herself (retraction of the repudiation). A repudiation is also said to lapse if it is not acted upon by the innocent party within a reasonable time.

 

Which principles govern breaches of contracts in the employment sphere?

How did the labour court recently, in Jacobson v Vitalab (2019) 30 SALLR 175 (LC), interpret s187(1)(c) of the LRA dealing with the refusal to accept a demand?

With reference to Jacobson v Vitalab (2019) 30 SALLR 175 (LC), what is the test to be met to succeed in raising an exception: