Black v The John Snow Public Health Group (JS 625/06) [2009] ZALC 121; (2010) 31 ILJ 1152 (LC) ; [2010] 4 BLLR 374 (LC) (19 March 2009)

Black v The John Snow Public Health Group (JS 625/06) [2009] ZALC 121; (2010) 31 ILJ 1152 (LC) ; [2010] 4 BLLR 374 (LC) (19 March 2009)

The court found that the applicant had adduced sufficient evidence to establish a prima facie case that her fixed term contract was not renewed and that she had a reasonable expectation of renewal, supported by her position being budgeted for and communications regarding conversion of contracts. The applicant also provided evidence of lodging a grievance regarding sexual harassment and claimed this was causally connected to the non-renewal. The court held that the respondent must answer the allegation that the dismissal was automatically unfair and show that it was not. The application to amend the statement of case to substitute section 187(1)(d) for section 187(1)(f) was granted, as it...

Citation
[2009] ZALC 121
Parties
Applicant: Zelna Charmaine Black; Respondent: The John Snow Public Health Group
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
19 March 2009
Case Number
JS 625/06
Procedural Posture
Labour Trial / Application for Absolution From the Instance After Applicant Closed Her Case; Application to Amend Statement of Case
Outcome
Application for absolution from the instance dismissed; application to amend statement of case granted; matter postponed for further proceedings; costs reserved.
Judges
Molahlehi
Legal Topics
Automatically Unfair Dismissal, Fixed Term Contracts, Sexual Harassment, Discrimination, Expectation of Renewal, Grievance Procedure
Labour Law Automatically Unfair Dismissal Fixed Term Contracts Sexual Harassment Discrimination Expectation of Renewal Grievance Procedure

Case Brief

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Parties

Zelna Charmaine Black

Applicant

The John Snow Public Health Group

Respondent

Procedural Posture

Labour Trial / Application for Absolution From the Instance After Applicant Closed Her Case; Application to Amend Statement of Case

Legal Issues

  1. 1 Whether the applicant was dismissed by the respondent as contemplated in the Labour Relations Act.
  2. 2 Whether the dismissal, if established, was automatically unfair under section 187 of the LRA.
  3. 3 Whether the non-renewal of the applicant's fixed term contract was causally connected to her lodging a grievance regarding sexual harassment.

Ratio Decidendi

The court found that the applicant had adduced sufficient evidence to establish a prima facie case that her fixed term contract was not renewed and that she had a reasonable expectation of renewal, supported by her position being budgeted for and communications regarding conversion of contracts. The applicant also provided evidence of lodging a grievance regarding sexual harassment and claimed this was causally connected to the non-renewal. The court held that the respondent must answer the allegation that the dismissal was automatically unfair and show that it was not. The application to amend the statement of case to substitute section 187(1)(d) for section 187(1)(f) was granted, as it...

Court Disposition

Application for absolution from the instance dismissed; application to amend statement of case granted; matter postponed for further proceedings; costs reserved.

Orders

  • The applicant's case remains closed.
  • The applicant's statement of case is amended to refer to section 187(1)(d) of the LRA wherever section 187(1)(f) appears.