High Court of South Africa Eastern Cape, Mthatha - 2022 April

2 judgments
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2 judgments
Citation
Judgment date
April 2022
An employer may not withhold salary or treat a contract as terminated for unauthorised absence without notice and fair process.
Employment law – interpretation of termination clauses – clause 22(h) (unauthorised absence) does not operate as automatic termination without notice or application of HR/collective procedures; absence/leave without pay (clause 30) requires prior notice, opportunity to explain and proper accounting before salary may be withheld.
21 April 2022
Applicant unlawfully despoiled; spoliation and final interdict granted to restore possession and prevent further interference.
Property law — Mandament van spolie — Protection of possession and access as incident of possession; self-help dispossession unlawful even if arrear rent alleged; lien defence rejected absent contractual relationship; requirements for final interdict satisfied.
21 April 2022