Booley and Others v ANC and Another (C477.10) [2014] ZALCCT 14 (15 April 2014)

Booley and Others v ANC and Another (C477.10) [2014] ZALCCT 14 (15 April 2014)

The court found that while the applicants may have subjectively believed their contracts would be renewed, this belief was not objectively reasonable in light of the facts. The contracts were explicitly linked to the parliamentary term, and the applicants were notified in writing that renewal was not guaranteed. The ANC's reduced majority and resultant funding constraints further negated any reasonable expectation of renewal. The six-month contracts contained a 'whole agreement' clause, and the applicants participated in a recruitment process for new posts, indicating awareness of the restructuring and lack of guaranteed employment. The court held that the termination of employment was...

Citation
[2014] ZALCCT 14
Parties
Applicant: Soraya Booley; Applicant: Eleanor Momberg; Applicant: Marion Carolus; Applicant: Mustapha Isaacs; Applicant: Heidi Williams; Applicant: Hamish Arries; Applicant: Nomhiki Sigaqa; Applicant: Dilshaad Allie; Applicant: Moegsien Ismail; Applicant: Bonnie Croeser; Applicant: Ferial Alexander; Applicant: Vanessa van Rooy; Applicant: Neliswa Mgwayi; Applicant: Elhana Jackson; Applicant: Faith Landu; Respondent: ANC; Respondent: ANC Caucus
Court
Labour Court Cape Town
Jurisdiction
South Africa
Judgment Date
15 April 2014
Case Number
C477/2010
Procedural Posture
Unfair Dismissal Application / Judgment
Outcome
Applicants' claim dismissed for want of jurisdiction.
Judges
Rabkin-Naicker
Legal Topics
Unfair Dismissal, Reasonable Expectation of Renewal, Fixed Term Contracts, Retrenchment, Jurisdiction, Collective Bargaining
Labour Law Unfair Dismissal Reasonable Expectation of Renewal Fixed Term Contracts Retrenchment Jurisdiction Collective Bargaining

Case Brief

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Parties

Soraya Booley

Applicant

Eleanor Momberg

Applicant

Marion Carolus

Applicant

Mustapha Isaacs

Applicant

Heidi Williams

Applicant

Hamish Arries

Applicant

Nomhiki Sigaqa

Applicant

Dilshaad Allie

Applicant

Moegsien Ismail

Applicant

Bonnie Croeser

Applicant

Ferial Alexander

Applicant

Vanessa van Rooy

Applicant

Neliswa Mgwayi

Applicant

Elhana Jackson

Applicant

Faith Landu

Applicant

ANC

Respondent

ANC Caucus

Respondent

Procedural Posture

Unfair Dismissal Application / Judgment

Legal Issues

  1. 1 Whether the applicants were dismissed within the meaning of section 186(1)(b) of the Labour Relations Act.
  2. 2 Whether the applicants had a reasonable expectation of renewal of their fixed term contracts.
  3. 3 Whether the termination of employment constituted a dismissal or was due to effluxion of time.

Ratio Decidendi

The court found that while the applicants may have subjectively believed their contracts would be renewed, this belief was not objectively reasonable in light of the facts. The contracts were explicitly linked to the parliamentary term, and the applicants were notified in writing that renewal was not guaranteed. The ANC's reduced majority and resultant funding constraints further negated any reasonable expectation of renewal. The six-month contracts contained a 'whole agreement' clause, and the applicants participated in a recruitment process for new posts, indicating awareness of the restructuring and lack of guaranteed employment. The court held that the termination of employment was...

Court Disposition

Applicants' claim dismissed for want of jurisdiction.

Orders

  • The applicants’ claim is dismissed for want of jurisdiction.
  • There is no order as to costs.