Dithejane v Boineelo Public School (JS233/2018) [2021] ZALCJHB 430 (5 November 2021)

Dithejane v Boineelo Public School (JS233/2018) [2021] ZALCJHB 430 (5 November 2021)

The court found that the applicant was employed by the respondent on a temporary basis and her employment was terminated following a meeting where she was informed that the school could no longer afford to pay her due to the return of a permanent employee. However, the applicant's evidence was riddled with contradictions and inconsistencies regarding the circumstances and timing of her termination, the consultation process, and the reasons provided. The applicant was found to be an unreliable and dishonest witness. As the respondent did not appear to present its version, the court was left with only the applicant's account, which was rejected due to its unreliability. Consequently, the...

Citation
[2021] ZALCJHB 430
Parties
Applicant: Mapaseka Amanda Dithejane; Respondent: Boineelo Public School
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
5 November 2021
Case Number
JS233/2018
Procedural Posture
Unfair Dismissal Application / Trial
Outcome
Referral dismissed.
Judges
M T M Phehane
Legal Topics
Unfair Dismissal, Procedural Fairness, Substantive Fairness, School Governing Body Employment
Labour Law Unfair Dismissal Procedural Fairness Substantive Fairness School Governing Body Employment

Case Brief

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Parties

Mapaseka Amanda Dithejane

Applicant

Boineelo Public School

Respondent

Procedural Posture

Unfair Dismissal Application / Trial

Legal Issues

  1. 1 Whether the applicant was an employee of the respondent or a volunteer.
  2. 2 Whether the termination of the applicant's services constituted a dismissal under the Labour Relations Act.
  3. 3 Whether the dismissal, if any, was substantively and procedurally fair.

Ratio Decidendi

The court found that the applicant was employed by the respondent on a temporary basis and her employment was terminated following a meeting where she was informed that the school could no longer afford to pay her due to the return of a permanent employee. However, the applicant's evidence was riddled with contradictions and inconsistencies regarding the circumstances and timing of her termination, the consultation process, and the reasons provided. The applicant was found to be an unreliable and dishonest witness. As the respondent did not appear to present its version, the court was left with only the applicant's account, which was rejected due to its unreliability. Consequently, the...

Court Disposition

Referral dismissed.

Orders

  • The referral is dismissed.