Hackula v Premier of the Eastern Cape Province and Another (PS39/17) [2023] ZALCPE 15 (4 August 2023)

Hackula v Premier of the Eastern Cape Province and Another (PS39/17) [2023] ZALCPE 15 (4 August 2023)

The court found that the applicant's contract of employment was not lawfully terminated because the MEC, as the statutorily empowered functionary, failed to give effect to the sanction of dismissal in writing as required by section 16B of the Public Service Act. The absence of proper written communication from the MEC meant the applicant's contract remained in force until its expiry on 30 September 2019. However, the court exercised its discretion to refuse the order of specific performance sought by the applicant, as granting such relief would be contrary to public policy given the applicant's serious misconduct and the nature of the breach. The applicant was found to have remained...

Citation
[2023] ZALCPE 15
Parties
Applicant: Nombulelo Calpurnia Hackula; Respondent: Premier of the Eastern Cape Province; Respondent: MEC, Dept of Cooperative Governance and Traditional Affairs, Eastern Cape Province
Court
Labour Court Port Elizabeth
Jurisdiction
South Africa
Judgment Date
4 August 2023
Case Number
PS39/17
Procedural Posture
Specific Performance Application / Judgment
Outcome
The applicant remained employed until the expiry of her contract, but specific performance was refused. Costs were awarded against the respondents.
Judges
Z Lallie
Legal Topics
Specific Performance, Unlawful Dismissal, Public Service Act, Remuneration Claim, Disciplinary Procedure
Labour Law Civil Procedure Specific Performance Unlawful Dismissal Public Service Act Remuneration Claim Disciplinary Procedure

Case Brief

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Parties

Nombulelo Calpurnia Hackula

Applicant

Premier of the Eastern Cape Province

Respondent

MEC, Dept of Cooperative Governance and Traditional Affairs, Eastern Cape Province

Respondent

Procedural Posture

Specific Performance Application / Judgment

Legal Issues

  1. 1 Whether the applicant's contract of employment was lawfully terminated by the respondents.
  2. 2 Whether the applicant is entitled to remuneration for the remainder of her fixed term contract.
  3. 3 Whether the applicant is entitled to an order of specific performance.

Ratio Decidendi

The court found that the applicant's contract of employment was not lawfully terminated because the MEC, as the statutorily empowered functionary, failed to give effect to the sanction of dismissal in writing as required by section 16B of the Public Service Act. The absence of proper written communication from the MEC meant the applicant's contract remained in force until its expiry on 30 September 2019. However, the court exercised its discretion to refuse the order of specific performance sought by the applicant, as granting such relief would be contrary to public policy given the applicant's serious misconduct and the nature of the breach. The applicant was found to have remained...

Court Disposition

The applicant remained employed until the expiry of her contract, but specific performance was refused. Costs were awarded against the respondents.

Orders

  • The applicant remained employed by the respondents until 31 September 2019.
  • The relief of specific performance is refused.