Hamandawana v Dispute Resolution Centre and Others (C 649/2012) [2013] ZALCCT 41 (5 November 2013)

Hamandawana v Dispute Resolution Centre and Others (C 649/2012) [2013] ZALCCT 41 (5 November 2013)

The court found that the arbitrator's conclusion that the applicant was employed on a fixed term basis was reasonable. Despite the applicant's refusal to sign the written contracts, the evidence showed that the terms of employment were explained to him, and he was aware of his status. The Basic Conditions of Employment Act does not create a presumption of indefinite employment in the absence of a signed contract; it is neutral on the matter. The only offer made by the employer was for fixed term employment, and there was no evidence of any oral agreement to the contrary. The applicant failed to discharge the onus of proving dismissal or the existence of an indefinite employment...

Citation
[2013] ZALCCT 41
Parties
Applicant: Cloud Hamandawana; Respondent: Dispute Resolution Centre; Respondent: Goldschmidt N.O.; Respondent: SA Coach & Truck (Pty) Ltd
Court
Labour Court Cape Town
Jurisdiction
South Africa
Judgment Date
5 November 2013
Case Number
C 649/2012
Procedural Posture
Review Application / Judgment on Review of Arbitration Award
Outcome
Review application dismissed.
Judges
Lagrange
Legal Topics
Fixed Term Contracts, Basic Conditions of Employment Act, Presumption of Employment, Review of Arbitration Award
Labour Law Fixed Term Contracts Basic Conditions of Employment Act Presumption of Employment Review of Arbitration Award

Case Brief

Summary, issues, holding and outcome

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Parties

Cloud Hamandawana

Applicant

Dispute Resolution Centre

Respondent

Goldschmidt N.O.

Respondent

SA Coach & Truck (Pty) Ltd

Respondent

Procedural Posture

Review Application / Judgment on Review of Arbitration Award

Legal Issues

  1. 1 Whether the applicant was dismissed or his fixed term contract simply expired.
  2. 2 Whether the arbitrator's finding that the applicant was employed on a fixed term basis was reasonable despite the applicant not signing the contract.
  3. 3 Whether the Basic Conditions of Employment Act creates a presumption of indefinite employment in the absence of a signed contract.

Ratio Decidendi

The court found that the arbitrator's conclusion that the applicant was employed on a fixed term basis was reasonable. Despite the applicant's refusal to sign the written contracts, the evidence showed that the terms of employment were explained to him, and he was aware of his status. The Basic Conditions of Employment Act does not create a presumption of indefinite employment in the absence of a signed contract; it is neutral on the matter. The only offer made by the employer was for fixed term employment, and there was no evidence of any oral agreement to the contrary. The applicant failed to discharge the onus of proving dismissal or the existence of an indefinite employment...

Court Disposition

Review application dismissed.

Orders

  • The review application is dismissed.
  • No order is made as to costs.