A recent Labour Court judgment in Durban serves as a timely reminder for both employers and employees: what is written in your contract matters.
The court dismissed an application brought by a public sector trade union on behalf of two nurses who sought a salary upgrade and back pay from the KwaZulu-Natal Department of Health. Presiding over the matter, acting Judge G C Phakedi noted that the contracts signed by both employees expressly stated that their salaries would be based on salary level 9, with specified annual remuneration.
Because of this, the court concluded that the employees could not rely on an external letter from the DPSA to claim a contractual entitlement that was not included in their signed agreements. Judge Phakedi stated that the applicants were already being remunerated in accordance with their contracts, meaning that no breach had been established. The application was dismissed, and the applicants were ordered to pay the department's legal costs.
The case underscores a fundamental truth: the written contract of employment is the foundation of the employment relationship.
Yet it is quite staggering just how many employers do not provide employment contracts. Some employers believe that "if it is not in writing, then it does not exist," and others believe that "if there is no written contract, then we can do what we like with our employees."
They are absolutely mistaken. Such thinking is sure to land them in hot water at the CCMA.
Every employer is...
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