The workload of the LC is increasing with cases unrelated to ‘fairness’, such as enforcement of contractual restraints. This case involved a pure breach of contract. The employer invited employees to volunteer to resign subject to a ‘cost neutral’ payment. The applicant’s application was accepted and the amount agreed. The employer then refused to pay the amount claiming that it was subject to the applicant signing a restraint agreement, which was not part of his contract. The LC held that the voluntary separation agreement was not subject to an such condition. The employer was ordered to pay R466,796.55 together with interest thereon from 5 February 2010.
B v Nampak Cartons and Labels KZN (D998/10) [2016] ZALCD 18 (10 June 2016) per Gush J.