IMATU obo Joubert v Modimolle Local Municipality (JA9/2017) [2018] ZALAC 14; [2018] 11 BLLR 1106 (LAC) (8 March 2018)

IMATU obo Joubert v Modimolle Local Municipality (JA9/2017) [2018] ZALAC 14; [2018] 11 BLLR 1106 (LAC) (8 March 2018)

The Labour Appeal Court held that, at the time of the arbitration award, Ms Joubert was no longer an employee of the respondent due to the expiry of her fixed term contract. The arbitrator in a promotion dispute lacked jurisdiction to order reinstatement where no unfair dismissal dispute had been referred. The employment relationship had terminated, and the post of administration clerk no longer existed. The award was therefore incapable of implementation, and the respondents' failure to comply was not wilful or mala fide. The Labour Court's dismissal of the contempt application was correct, as enforcement of the order would not serve the interests of justice. The appeal was dismissed.

Citation
[2018] ZALAC 14
Parties
Appellant: IMATU obo KC Joubert; Respondent: Modimolle Local Municipality
Court
Labour Appeal Court
Jurisdiction
South Africa
Judgment Date
8 March 2018
Case Number
JA9/2017
Procedural Posture
Civil Appeal / Appeal Against Labour Court Judgment Dismissing Contempt Application
Outcome
Appeal dismissed.
Judges
Waglay, Musi, Savage
Legal Topics
Unfair Labour Practice, Promotion Dispute, Contempt of Court, Fixed Term Contract, Reinstatement, Arbitration Award Enforcement
Labour Law Civil Procedure Unfair Labour Practice Promotion Dispute Contempt of Court Fixed Term Contract Reinstatement Arbitration Award Enforcement

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 2 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

IMATU obo KC Joubert

Appellant

Modimolle Local Municipality

Respondent

Procedural Posture

Civil Appeal / Appeal Against Labour Court Judgment Dismissing Contempt Application

Legal Issues

  1. 1 Whether the respondents were in contempt of court for failing to comply with the order to reinstate Ms Joubert into the position of administration clerk.
  2. 2 Whether the arbitration award ordering retrospective appointment was competent and enforceable given the expiry of the fixed term contract.
  3. 3 Whether reinstatement is possible where the employment relationship has terminated and the post no longer exists.

Ratio Decidendi

The Labour Appeal Court held that, at the time of the arbitration award, Ms Joubert was no longer an employee of the respondent due to the expiry of her fixed term contract. The arbitrator in a promotion dispute lacked jurisdiction to order reinstatement where no unfair dismissal dispute had been referred. The employment relationship had terminated, and the post of administration clerk no longer existed. The award was therefore incapable of implementation, and the respondents' failure to comply was not wilful or mala fide. The Labour Court's dismissal of the contempt application was correct, as enforcement of the order would not serve the interests of justice. The appeal was dismissed.

Court Disposition

Appeal dismissed.

Orders

  • The appeal is dismissed.
  • No order as to costs.