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21 Indus. L.J. (Juta) 494 (2000)
Estate Law W G Jansen Van Rensburg v Pedrino (Pty) Ltd

handle is hein.journals/iljuta21 and id is 600 raw text is: 494 Estate Late W G Jansen van Rensburg v Pedrino (Pty) Ltd Nicholson JA (2000) 21 ILJ 494 (LAC) (a) the decision unilaterally to deduct 7% from the applicant's salary from May 1999 not be set aside; and (b) why the respondents should not be ordered to pay the applicant's salary from May 1999 as if no deduction had taken place. A (2) That the second respondent pay the costs of the application. Applicant's Attorneys: Nienaber & Wissing. Respondents' Attorneys: Tlhapi & Mookeletsi. B C ESTATE LATE W G JANSEN VAN RENSBURG v PEDRINO (PTY) LTD LABOUR APPEAL COURT (DA27/97) D 11 May; 16 September 1999 Before NGCOBO AJP, CONRADIE JA and NICHOLSON JA Dismissal-Unfair dismissal-Employee dying while bringing action for E reinstatement in Industrial Court-Executor entitled to pursue claim for partial reinstatement of deceased until contract terminated by death. Employee-Deceased employee-Common law relating to transmissibility of actions and right of executor to claim unpaid salary on behalf of deceased restated-Codification of common law in LRA 1956-Executor not F disqualified from pursuing interests of dead 'employee' under LRA. Employee-Deceased employee-Whether executor entitled to pursue claim deceased would have pursued until death-Executor entitled to declaratory order that deceased employee entitled to wages until death. G In s 46(9) proceedings the Industrial Court determined that the deceased employee's dismissal had been substantively and procedurally unfair. The court however declined to declare that the deceased's employment had continued until 20 July 1996, the date of his death. The executor appealed to the Labour Appeal Court. The court reviewed the common law relating to the transmissibility of actions and H the right of an executor to claim unpaid salary and wages on behalf of a deceased person. The court found no difficulty in extending the principle of allowing an executor to recover wages to any other benefit that would have accrued to an employee at the time of his death. At common law the executor would have been entitled to a declaration that the service of an employee I continued until his death. The crucial question was not whether the executor was an 'employee' as defined in the LRA 1956, but whether he could act for an 'employee' who had subsequently died. There was no reason to disqualify the executor from pursuing the interests of the dead 'employee' under the LRA. Although the Act applied to employees and employers, this did not mean that none of the J benefits could accrue to the estate.

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