Sterklewies (Pty) Ltd t/a Harrismith Feedlot v Msimanga (456/2011) [2012] ZASCA 77; 2012 (5) SA 392 (SCA); [2012] 3 All SA 655 (SCA) (25 May 2012) per Wallis JA at para [22]
“It is trite that the terms of a contract of employment are frequently to be distilled from more than one source.[1] They may be found
- expressly in the contract or letter of employment;
- in the terms of a collective agreement;[2]
- in other documents incorporated therein by reference and
- in the rules and policies of the employer, as for example, with a disciplinary or grievance procedure.[3]
These may stand alone as memorials of parts of the contract of employment or may be incorporated therein by reference. Tacit terms may arise from working practices. However, for present purposes I can confine myself to express terms”.
[1] Mark Freedland, The Personal Employment Contract 271 – 276;
Harvey on Industrial Relations Law and Employment paras 21 and 22 (loose leaf issue 210);
Simon Deakin and Gillian Morris Labour Law (5 ed, 2009) 217;
André van Niekerk and others Law@work (2 ed 2012) 109.
[2] See s 23 of the LRA and particularly s 23(3) thereof.
[3] As in Denel (Edms) Bpk v Vorster 2004 (4) SA 481 (SCA).