Botha v Commission For Conciliation Mediation and Arbitration and Others (PA5/2013) [2014] ZALAC 75; [2015] 4 BLLR 404 (LAC); (2015) 36 ILJ 1463 (LAC) (12 December 2014)

Botha v Commission For Conciliation Mediation and Arbitration and Others (PA5/2013) [2014] ZALAC 75; [2015] 4 BLLR 404 (LAC); (2015) 36 ILJ 1463 (LAC) (12 December 2014)

The court found that the appellant was employed on a fixed term contract which expired on 31 May 2010. Upon qualifying as a medical technologist, she was offered a permanent position in Mthatha, which she refused without providing reasons. The employer was entitled to offer placement at a location of its choice, and the appellant's refusal meant no new contract of employment came into existence. There was no act of dismissal by the employer; the contract ended by effluxion of time. The commissioner’s finding that there was no dismissal was reasonable and correct. The Labour Court’s judgment was set aside and the appeal dismissed.

Citation
[2014] ZALAC 75
Parties
Appellant: Melinda Botha; Respondent: Commission for Conciliation Mediation and Arbitration; Respondent: Commissioner Feizal N.O.; Respondent: National Health Laboratory Service
Court
Labour Appeal Court
Jurisdiction
South Africa
Judgment Date
12 December 2014
Case Number
PA5/2013
Procedural Posture
Review Application / Appeal
Outcome
Appeal dismissed. Labour Court’s judgment reviewed and replaced with dismissal of the review application with costs.
Judges
Waglay, Murphy, Dlodlo
Legal Topics
Fixed Term Contracts, Unfair Dismissal, Repudiation of Contract, Reinstatement, Review of Arbitration Award
Labour Law Civil Procedure Fixed Term Contracts Unfair Dismissal Repudiation of Contract Reinstatement Review of Arbitration Award

Case Brief

Summary, issues, holding and outcome

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Parties

Melinda Botha

Appellant

Commission for Conciliation Mediation and Arbitration

Respondent

Commissioner Feizal N.O.

Respondent

National Health Laboratory Service

Respondent

Procedural Posture

Review Application / Appeal

Legal Issues

  1. 1 Whether the appellant was dismissed by the employer or her fixed term contract ended by effluxion of time.
  2. 2 Whether the appellant repudiated the contract by refusing to accept the permanent position offered.
  3. 3 Whether the commissioner’s award was reasonable and should be upheld.

Ratio Decidendi

The court found that the appellant was employed on a fixed term contract which expired on 31 May 2010. Upon qualifying as a medical technologist, she was offered a permanent position in Mthatha, which she refused without providing reasons. The employer was entitled to offer placement at a location of its choice, and the appellant's refusal meant no new contract of employment came into existence. There was no act of dismissal by the employer; the contract ended by effluxion of time. The commissioner’s finding that there was no dismissal was reasonable and correct. The Labour Court’s judgment was set aside and the appeal dismissed.

Court Disposition

Appeal dismissed. Labour Court’s judgment reviewed and replaced with dismissal of the review application with costs.

Orders

  • The appeal is dismissed.
  • The Labour Court’s judgment is reviewed and replaced with: 'The review application is dismissed with costs.'