Gardner and Others v Central University of Technology: Free State (JA 65/10) [2012] ZALAC 23 (25 July 2012)

Gardner and Others v Central University of Technology: Free State (JA 65/10) [2012] ZALAC 23 (25 July 2012)

The Labour Appeal Court held that the approval of the retrenchment policy was a governance function exclusively assigned to the Council under the Higher Education Act and institutional statute. There was no evidence that the Council authorised or approved the impugned policy, nor that the vice-chancellor had delegated authority to do so. The appellants failed to prove that the policy was validly adopted or formed part of their employment terms. The relevant rules in force at the time of their appointments did not provide for the retrenchment policy or its severance formula. The Court found a genuine dispute of fact regarding the policy's approval, and the appellants did not discharge...

Citation
[2012] ZALAC 23
Parties
Appellant: Gardner, C I; Appellant: Thulare, S M; Appellant: Mandew, M S; Appellant: Stone, R F S; Respondent: Central University of Technology: Free State
Court
Labour Appeal Court
Jurisdiction
South Africa
Judgment Date
25 July 2012
Case Number
JA 65/10
Procedural Posture
Civil Appeal / Appeal From Labour Court Judgment Dismissing Review Application
Outcome
Appeal dismissed with costs, including costs of two counsel.
Judges
Ndlovu, Waglay, Molemela
Legal Topics
Retrenchment, Severance Pay, Delegation of Powers, Institutional Statute, Collective Agreement, Review Application
Labour Law Civil Procedure Retrenchment Severance Pay Delegation of Powers Institutional Statute Collective Agreement Review Application

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 4 Authorities cited 10 Party arguments 2 Amounts and remedies 8
Sign in to unlock

Parties

Gardner, C I

Appellant

Thulare, S M

Appellant

Mandew, M S

Appellant

Stone, R F S

Appellant

Central University of Technology: Free State

Respondent

Procedural Posture

Civil Appeal / Appeal From Labour Court Judgment Dismissing Review Application

Legal Issues

  1. 1 Whether the retrenchment policy was validly adopted and formed part of the appellants' terms and conditions of employment.
  2. 2 Whether the vice-chancellor had delegated authority from the Council to approve the retrenchment policy.
  3. 3 Whether the appellants were entitled to severance packages calculated under the impugned policy or only under the Basic Conditions of Employment Act.

Ratio Decidendi

The Labour Appeal Court held that the approval of the retrenchment policy was a governance function exclusively assigned to the Council under the Higher Education Act and institutional statute. There was no evidence that the Council authorised or approved the impugned policy, nor that the vice-chancellor had delegated authority to do so. The appellants failed to prove that the policy was validly adopted or formed part of their employment terms. The relevant rules in force at the time of their appointments did not provide for the retrenchment policy or its severance formula. The Court found a genuine dispute of fact regarding the policy's approval, and the appellants did not discharge...

Court Disposition

Appeal dismissed with costs, including costs of two counsel.

Orders

  • The appeal is dismissed with costs including the costs of the employment of two counsel.