Article 3/2022

In Erasmus v Dr Beyers Naude Local Municipality and Jack (2021) 32 SALLR 6 (ECG), the high court applied delictual principles within an employment environment.  What are the requirements to es

tablish a delict in this regard?

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  • firstly, a delict consists of the wrongful and culpable conduct causing patrimonial damage (pecuniary damage) – such culpable conduct can be either negligent or intentional.  The actio legis aquiliae principles are applicable

secondly, a delict consists of the wrongful and intentional infringement of an interest of personality – resulting in the recovery of sentimental damages (solatium).  The actio iniuriarum principles are so applicable

Often employment contracts contain a clause to the effect that the agreement is the sole record of the terms existing between the parties and that any variation or amendment thereof will only be valid if reduced to writing and signed by both parties.

When appearing in the labour court in motion proceedings and there are material disputes of fact, should the matter be referred for oral evidence?

Motion proceedings (including applications in terms of rule 31 of the CCMA rules) are not designed to resolve disputes of fact, but indeed disputes of law.