Dierks v University of South Africa (J399/98) [1998] ZALC 126 (14 December 1998)

Dierks v University of South Africa (J399/98) [1998] ZALC 126 (14 December 1998)

The court found that the applicant failed to establish a reasonable expectation of renewal of his fixed term contract or of permanent employment. The evidence showed that the applicant's contract was tailored to specific operational needs, namely to cover for an absent staff member, and that no vacancy existed at the relevant time. The applicant was aware of the terms and conditions of his contract, which explicitly stated that no automatic right to renewal or permanent employment existed. The court held that section 186(b) of the Labour Relations Act does not encompass a reasonable expectation of permanent employment, and that the applicant's claim for permanent appointment should have...

Citation
[1998] ZALC 126
Parties
Applicant: Andreas Dierks; Respondent: University of South Africa
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
14 December 1998
Case Number
J399/98
Procedural Posture
Unfair Dismissal Application / Judgment
Outcome
Application dismissed.
Judges
Oosthuizen AJ
Legal Topics
Fixed Term Contracts, Reasonable Expectation, Unfair Dismissal, Renewal of Contract, Operational Requirements
Labour Law Fixed Term Contracts Reasonable Expectation Unfair Dismissal Renewal of Contract Operational Requirements

Case Brief

Summary, issues, holding and outcome

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Parties

Andreas Dierks

Applicant

University of South Africa

Respondent

Procedural Posture

Unfair Dismissal Application / Judgment

Legal Issues

  1. 1 Whether the applicant had a reasonable expectation that his fixed term contract would be renewed or that he would be offered permanent employment.
  2. 2 Whether the respondent's failure to renew the contract or offer permanent employment constituted an unfair dismissal under section 186(b) of the Labour Relations Act.
  3. 3 Whether the respondent was obliged to invite the applicant to appear before a selection committee in terms of internal recommendations.

Ratio Decidendi

The court found that the applicant failed to establish a reasonable expectation of renewal of his fixed term contract or of permanent employment. The evidence showed that the applicant's contract was tailored to specific operational needs, namely to cover for an absent staff member, and that no vacancy existed at the relevant time. The applicant was aware of the terms and conditions of his contract, which explicitly stated that no automatic right to renewal or permanent employment existed. The court held that section 186(b) of the Labour Relations Act does not encompass a reasonable expectation of permanent employment, and that the applicant's claim for permanent appointment should have...

Court Disposition

Application dismissed.

Orders

  • The application is dismissed.
  • There is no order as to costs.