Campher v Commission for Conciliation Mediation and Arbitration and Others (JR2187/17) [2020] ZALCJHB 107 (25 June 2020)

Campher v Commission for Conciliation Mediation and Arbitration and Others (JR2187/17) [2020] ZALCJHB 107 (25 June 2020)

The court found that the applicant was employed on a fixed term contract, but the evidence established a reasonable expectation of renewal based on SABC's practice and assurances from senior managers. The Commissioner failed to properly consider uncontested evidence supporting the applicant's expectation and misconceived the nature of the enquiry, resulting in an unreasonable award. The SABC did not prove that the dismissal was procedurally or substantively fair, nor did it show that reinstatement was not reasonably practicable. Consequently, the arbitration award was reviewed and set aside, and the applicant was ordered to be reinstated with full back pay.

Citation
[2020] ZALCJHB 107
Parties
Applicant: Maria Christina Campher; Respondent: Commission for Conciliation Mediation and Arbitration; Respondent: Commissioner Thembekile Nsibanyoni; Respondent: South African Broadcasting Corporation SOC Limited
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
25 June 2020
Case Number
JR2187/17
Procedural Posture
Review Application / Judgment on Review of Arbitration Award
Outcome
Arbitration award reviewed and set aside; applicant reinstated with full back pay; costs awarded against the third respondent.
Judges
P Nkutha-Nkontwana
Legal Topics
Unfair Dismissal, Fixed Term Contracts, Reasonable Expectation of Renewal, Reinstatement, Remedies for Unfair Dismissal
Labour Law Unfair Dismissal Fixed Term Contracts Reasonable Expectation of Renewal Reinstatement Remedies for Unfair Dismissal

Case Brief

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Parties

Maria Christina Campher

Applicant

Commission for Conciliation Mediation and Arbitration

Respondent

Commissioner Thembekile Nsibanyoni

Respondent

South African Broadcasting Corporation SOC Limited

Respondent

Procedural Posture

Review Application / Judgment on Review of Arbitration Award

Legal Issues

  1. 1 Whether the applicant was employed on a permanent or fixed term contract at the time of dismissal.
  2. 2 Whether the applicant had a reasonable expectation that her fixed term contract would be renewed.
  3. 3 Whether the dismissal of the applicant was procedurally and substantively fair.

Ratio Decidendi

The court found that the applicant was employed on a fixed term contract, but the evidence established a reasonable expectation of renewal based on SABC's practice and assurances from senior managers. The Commissioner failed to properly consider uncontested evidence supporting the applicant's expectation and misconceived the nature of the enquiry, resulting in an unreasonable award. The SABC did not prove that the dismissal was procedurally or substantively fair, nor did it show that reinstatement was not reasonably practicable. Consequently, the arbitration award was reviewed and set aside, and the applicant was ordered to be reinstated with full back pay.

Court Disposition

Arbitration award reviewed and set aside; applicant reinstated with full back pay; costs awarded against the third respondent.

Orders

  • The arbitration award dated 12 September 2017 under case number GAJB25668-16 is reviewed and set aside.
  • The dismissal of Ms Maria Christina Campher was procedurally and substantively unfair.