THE LABOUR COURT OF SOUTH AFRICA , JOHANNESBURG
Not Reportable
Case No : JS177/2 3
In the matter between:
MARTHA NYATHELA MASHABA Applicant
and
DAVID MALCOLM MACDONALD Respondent
Decided: In Chambers
Delivered: 7 May 2025 (This judgment was handed down electronically by
circulation to the parties’ legal representatives by email, publication on the Labour Court website and release to SAFLII. The date and time for handing -
down is deemed to be 10h00 on 7 May 2025.)
JUDGMENT
PHEHANE J
2
[1] The applicant was employed as a domestic worker by initially, the
respondent’s parents, and subsequently by the respondent.
[2] The applicant brings a contractual claim in terms of section 77 of the Basic
Conditions of Employment Act1, seeking the payment of one month’s notice and her
severance package foll owing her dismissal in 2014.
[3] The respondent did not oppose the referral. Consequently, the applicant
seeks judgment by default.
[4] The applicant’s claim , as pleaded, is based on contract. Her claim has
prescribed in accordance with the provisions of the Prescription Act
2.
[5] In the premises , the following order is made:
Order
1. The default judgment application is dismissed.
M. T. M. Phehane
Judge of the Labour Court of South Africa
1 Act 75 of 1997.
2 Act 68 of 1969.