Amplats Management Services (Pty) Ltd v Van Jaarsveld

The respondent, Van Jaarsveld, was employed by Rustenburg Platinum Mines and seconded to the appellant, Amplats Management Services (Pty) Ltd, for six months from July 1997 to work at its head office. He alleged that during the interview preceding the secondment, the appellant’s general manager, Mr Menne, promised that if his performance was satisfactory he would be permanently appointed from 1 January 1998. Although his secondment was extended and he continued working at head office, no permanent appointment was formalised until September 2000, after approval by the appellant’s Administrative Committee (ADCO). Van Jaarsveld claimed damages of over R7 million, alleging breach of an employment contract or an agreement to appoint him, alternatively an undertaking that he would suffer no financial prejudice due to the delay.

The appeal was upheld with costs. The order of the High Court was set aside and replaced with an order dismissing the plaintiff’s claim with costs, including the costs of two counsel.

The case clarifies that expectations or assurances regarding future employment do not constitute a binding employment contract absent authority and compliance with prescribed appointment procedures. It reinforces principles of agency, authority, and pactum de contrahendo in the context of senior employment appointments in South African law.