Continental Adonisers CC v Levy NO and Others (JR1684/2010) [2014] ZALCJHB 143 (29 April 2014)

Continental Adonisers CC v Levy NO and Others (JR1684/2010) [2014] ZALCJHB 143 (29 April 2014)

The commissioner erred by extending the enquiry to whether the employees had a reasonable expectation of renewal of their fixed term contracts, despite this issue not being placed in dispute and no evidence being led to support such an expectation. The only evidence presented by the employees denied the existence of fixed term contracts, and the commissioner found the witness to be dishonest. The documentation relied upon did not establish any expectation of renewal. On the available evidence, no reasonable decision maker could have found in favour of the employees. The arbitration award was therefore set aside and substituted with a dismissal of the unfair dismissal claim.

Citation
[2014] ZALCJHB 143
Parties
Applicant: Continental Adonisers CC; Respondent: DG Levy NO; Respondent: The Commission for Conciliation Mediation and Arbitration; Respondent: AR Melato & 13 Others
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
29 April 2014
Case Number
JR1684/2010
Procedural Posture
Review Application / Judgment
Outcome
Application to review and set aside the arbitration award is granted. The unfair dismissal claim is dismissed.
Judges
Van Niekerk
Legal Topics
Unfair Dismissal, Fixed Term Contracts, Arbitration Review, Reasonable Expectation of Renewal
Labour Law Unfair Dismissal Fixed Term Contracts Arbitration Review Reasonable Expectation of Renewal

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Continental Adonisers CC

Applicant

DG Levy NO

Respondent

The Commission for Conciliation Mediation and Arbitration

Respondent

AR Melato & 13 Others

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the employees were engaged on limited duration (fixed term) contracts or as permanent employees.
  2. 2 Whether the commissioner committed a gross irregularity by deciding on the existence of a reasonable expectation of renewal without evidence.
  3. 3 Whether the arbitration award for unfair dismissal was justified on the available evidence.

Ratio Decidendi

The commissioner erred by extending the enquiry to whether the employees had a reasonable expectation of renewal of their fixed term contracts, despite this issue not being placed in dispute and no evidence being led to support such an expectation. The only evidence presented by the employees denied the existence of fixed term contracts, and the commissioner found the witness to be dishonest. The documentation relied upon did not establish any expectation of renewal. On the available evidence, no reasonable decision maker could have found in favour of the employees. The arbitration award was therefore set aside and substituted with a dismissal of the unfair dismissal claim.

Court Disposition

Application to review and set aside the arbitration award is granted. The unfair dismissal claim is dismissed.

Orders

  • The arbitration award made by the first respondent on 24 May 2010 under case number MEGA 14663 is reviewed and set aside.
  • The award is substituted by the following: ‘The applicants’ claim of unfair dismissal is dismissed.’