New Clicks South Africa (Pty) Ltd v Neliswa Pumla Bulose

The plaintiff employed the defendant as an Inventory Manager, requiring relocation from Cape Town to Johannesburg. On 22 July 2020, the parties concluded a Sign-on Bonus Agreement (R500 000) and a Relocation Cost Agreement (up to R250 000). Both agreements required full repayment if the defendant’s employment terminated for any reason other than death, disability, or redundancy within 36 months of commencement. The defendant commenced employment on 1 September 2020, received the full amounts, and resigned on 1 November 2021, triggering the repayment clauses. At termination, the plaintiff owed the defendant R212 705 for notice and leave pay, which it deducted from the total repayable R750 000, leaving a balance of R537 295 claimed in summary judgment.

Summary judgment was granted in favour of the plaintiff. The defendant was ordered to pay R537 295 plus interest at 11.25% per annum from date of demand to final payment, and to pay the costs of the application on a party and party scale B.

The judgment reaffirms the strict requirements for resisting summary judgment in South African civil procedure and clarifies that set-off requires proof of a liquid, due, and legally enforceable counter-debt. It also confirms that contingent or unproven tax liabilities and unpleaded defences cannot defeat summary judgment, particularly in employment-related repayment disputes.