Renaissance BJM Securities (Pty) Ltd v Grup (JA60/2014) [2015] ZALAC 48 [2016] 2 BLLR Feb (LAC) (17 November 2015) per C J Musi JJA [Tlaletsi DJP and Ndlovu JA concurring]

The LAC disallowed the appeal and upheld the judgment of Molahlehi J in the Labour Court: see Grup v Renaissance BJM Securities (Pty) Ltd (2014) 35 ILJ 3400 (LC).

LAC summary:

Interpretation of a contractual clause – dispute whether payment to employee upon taking employment a retention or recruitment incentive – Appellant contending that money paid was subject to employee remaining in its employ and that employee forfeiting payment upon his resignation. Retention clause agreement in terms of which employer undertaking to pay an employee possessing special skills to commit his/her service for a specified period.  Recruitment incentive money paid to employee to move to another employer. – Principle related to the interpretation of contract applicable to these agreements – language used in clause unambiguous and contains no condition relating to the employee remaining in the employer’s employ – money paid to compensate employee for the loss suffered because of his resignation from his former employ.