Tumelo Monyane v National University of Lesotho (LC 29 of 13) [2013] LSLC 59 (12 September 2013)

Tumelo Monyane v National University of Lesotho (LC 29 of 13) [2013] LSLC 59 (12 September 2013)

The applicant's contract was conditional upon the establishment of a permanent position, university budget, and external funding, all of which were not met. Therefore, there was no legitimate expectation of renewal, and the contract automatically terminated upon expiry. Section 68(b) did not apply.

Citation
[2013] LSLC 59
Parties
Applicant: Tumelo Monyane; Respondent: National University of Lesotho
Court
Labour Court
Jurisdiction
Lesotho
Judgment Date
12 September 2013
Case Number
LC 29 of 13
Procedural Posture
Employment Dispute Fixed Term Contract / Judgment
Outcome
Application dismissed
Legal Topics
Fixed Term Contracts, Expectation of Renewal, Dismissal, Labour Code Order 1992
Source Language
English
Employment Law Fixed Term Contracts Expectation of Renewal Dismissal Labour Code Order 1992

Case Brief

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Parties

Tumelo Monyane

Applicant

National University of Lesotho

Respondent

Procedural Posture

Employment Dispute Fixed Term Contract / Judgment

Legal Issues

  1. 1 Whether non-renewal of a fixed term contract constituted a dismissal under Section 68(b) of the Labour Code Order, 1992
  2. 2 Whether the applicant had a legitimate expectation of renewal
  3. 3 Whether procedural fairness (disciplinary hearing) was required

Ratio Decidendi

The applicant's contract was conditional upon the establishment of a permanent position, university budget, and external funding, all of which were not met. Therefore, there was no legitimate expectation of renewal, and the contract automatically terminated upon expiry. Section 68(b) did not apply.

Court Disposition

Application dismissed