Frank v Commission for Conciliation, Mediation and Arbitration and Others (JR628/13) [2017] ZALCJHB 9 (17 January 2017)

Frank v Commission for Conciliation, Mediation and Arbitration and Others (JR628/13) [2017] ZALCJHB 9 (17 January 2017)

The court found that the commissioner correctly determined the applicant did not become a permanent employee after 31 July 2012, as the University conducted a performance evaluation and made no representation of permanency. The applicant was given an opportunity to respond to concerns before the decision to terminate his employment, satisfying procedural fairness requirements under the LRA. The CCMA lacked jurisdiction to adjudicate the contractual notice period issue, as the termination was not for misconduct but for non-confirmation after probation. The applicant's allegations of bias and procedural irregularity were unsupported by evidence. The commissioner’s findings were reasonable...

Citation
[2017] ZALCJHB 9
Parties
Applicant: Ashley Gavin Frank; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Commissioner Prakash Rhoopa N.O.; Respondent: North West University
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
17 January 2017
Case Number
JR628/13
Procedural Posture
Review Application / Judgment on Review of Arbitration Award
Outcome
Application dismissed with costs.
Judges
Baloyi
Legal Topics
Unfair Dismissal, Probation Extension, Jurisdiction of Ccma, Procedural Fairness, Contractual Notice Period
Labour Law Civil Procedure Unfair Dismissal Probation Extension Jurisdiction of Ccma Procedural Fairness Contractual Notice Period

Case Brief

Summary, issues, holding and outcome

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Parties

Ashley Gavin Frank

Applicant

Commission for Conciliation, Mediation and Arbitration

Respondent

Commissioner Prakash Rhoopa N.O.

Respondent

North West University

Respondent

Procedural Posture

Review Application / Judgment on Review of Arbitration Award

Legal Issues

  1. 1 Whether the applicant became a permanent employee after 31 July 2012.
  2. 2 Whether the extension of the applicant's probation was valid and fair.
  3. 3 Whether the termination of the applicant's employment constituted an unfair dismissal.

Ratio Decidendi

The court found that the commissioner correctly determined the applicant did not become a permanent employee after 31 July 2012, as the University conducted a performance evaluation and made no representation of permanency. The applicant was given an opportunity to respond to concerns before the decision to terminate his employment, satisfying procedural fairness requirements under the LRA. The CCMA lacked jurisdiction to adjudicate the contractual notice period issue, as the termination was not for misconduct but for non-confirmation after probation. The applicant's allegations of bias and procedural irregularity were unsupported by evidence. The commissioner’s findings were reasonable...

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed.
  • The applicant is to pay the costs.