1
IN THE HIGH COURT OF SOUTH AFRICA
(GAUTENG DIVISION, JOHANNESBURG)
DELETE WHICHEVER IS NOT APPLICABLE
(1) REPORTABLE: YES/NO
(2) OF INTEREST TO OTHER JUDGES: ¥ES/NO
(3) REVISED
DATE:...31 JANUARY 2025
SIGNATURE...., _
Case No.078549/2024
In the matter between:
BYRNE, CHARLES WINSTON APPLICANT
And
BLU SPEC HOLDINGS (PTY) LTD FORMERLY RESPONDENT
FANSTATION (PTY) LTD t/a RENEW - IT
SANDTON
———- A eeeeSFsSsaeF
Coram: Millar J
Heard on: 27 January 2025
2
Delivered: 31 January 2025 - This judgment was handed down electronically by
circulation to the parties' representatives by email, by being uploaded
to the CaseLines system of the GD and by release to SAFLII. The
date and time for hand-down is deemed to be 10HO0 on 31 January
2025.
oo eeeeSSSSSFSSSSSSSSSSSSSSSSSSSSSSSSSSSsSsS—h
JUDGMENT
— Ss
MILLAR J
[1] This is an application in which the applicant (Mr. Byrne) seeks an order
compelling the respondent (Renew-lIt) to comply with the terms of an agreement
in terms of which it undertook to make certain payments to him. The order sought,
is an interim order, pending the finalization of an action which he has instituted
for specific performance on the part of Renew-lt.
[2] On 27 February 2023", Mr. Byrne, who was at the time the Operations Director
of Renew-lt, entered into a written retrenchment agreement (the agreement). Mr.
Byrne was at the time an employee of some 23 years standing at Renew-lt and
had long passed the usual retirement age of 65. He was 77 years old at the time
of his retrenchment and is currently 78 years of age.
[3] The agreement is comprehensive and besides providing for the termination, by
agreement, of Mr. Byrne’s employment, also provided for payments to be made
to him as well as undertakings given by him in favour of Renew-lt. The agreement
sepa |
1 Mr. Byrne accepted the offer of retrenchment on 21 February 2023, but the written agreement was only
signed on behalf of Renew-It on 27 February 2023.
3
also provides a framework setting out how each of the respective parties would
conduct themselves in the event of a breach by any other party.
[4] The relevant portions of the agreement relative to these proceedings, relate to,
firstly, the payments to Mr. Byrne as the Employee by Renew-lt as the Employer,
the undertakings given by Mr. Byrne to honouring of which payment was
conditional upon and the breach clause.
[5] The relevant clauses are firstly in respect of the payments as follows:
"5.1 In full and final settlement of any and all claims arising out of the
Employee’s employment, the Company shall make the following
payments to the Employee on the terms and conditions set out hereunder:
5.1.1 the Employee will receive a severance pay of R5 600 000
made up as follows:
CATA R5 000 000 gross before tax, with a net payment
of R3 447 500, payable from 01 March 2023 for 40
months.
Bets 122 Medical aid payment of two dependants (Main
Member and Spouse) at R14, 550 per month will
be payable by the Company for 40 months from
01 March 2023 (Medical aid payment will be
adjusted based on yearly increases)”.
And
6.3 It is specifically recorded that payment of the amounts referred to above
is conditional upon the Employee upholding his obligations in terms of the
provisions of this agreement.”
[6] The relevant clauses in respect of the undertakings as follows: