Jaarsveld and Others v Mangaung Local Municipality and Another (J637/10) [2010] ZALCJHB 327 (11 June 2010)

Jaarsveld and Others v Mangaung Local Municipality and Another (J637/10) [2010] ZALCJHB 327 (11 June 2010)

The court found that the respondents' directive to re-assign and re-designate the applicants' positions constituted a variation of their employment contracts. There was no clear and unequivocal acceptance of the proposed changes by the applicants, and mere acquiescence or failure to respond did not amount to contractual consent. Clause 16 of the contracts required any variation to be in writing and signed by both parties, which was not done. Therefore, the respondents acted unlawfully in unilaterally varying the applicants' contracts. The applicants established a clear right to relief, and the respondents were ordered to comply with the original terms of employment.

Citation
[2010] ZALCJHB 327
Parties
Applicant: M Van Jaarsveld; Applicant: N J Masithela; Applicant: M J Moloyeni; Applicant: R R Naidoo; Applicant: T M M Mochochoko; Applicant: M F Mokgobu; Respondent: Mangaung Local Municipality; Respondent: The City Manager: Mangaung Local Municipality
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
11 June 2010
Case Number
J637/10
Procedural Posture
Urgent Application / Final Order Sought on Semi Urgent Basis
Outcome
Application granted; respondents found in breach of employment contracts.
Judges
Van Niekerk
Legal Topics
Variation of Employment Contract, Unilateral Change of Terms, Consent to Contractual Variation, Final Interdict
Labour Law Civil Procedure Variation of Employment Contract Unilateral Change of Terms Consent to Contractual Variation Final Interdict

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 2 Party arguments 2
Sign in to unlock

Parties

M Van Jaarsveld

Applicant

N J Masithela

Applicant

M J Moloyeni

Applicant

R R Naidoo

Applicant

T M M Mochochoko

Applicant

M F Mokgobu

Applicant

Mangaung Local Municipality

Respondent

The City Manager: Mangaung Local Municipality

Respondent

Procedural Posture

Urgent Application / Final Order Sought on Semi Urgent Basis

Legal Issues

  1. 1 Whether the respondents' unilateral re-assignment and re-designation of the applicants' positions constituted a breach of their employment contracts.
  2. 2 Whether the applicants consented to the variation of their employment contracts.
  3. 3 Whether written consent was required for a valid variation under the employment contracts.

Ratio Decidendi

The court found that the respondents' directive to re-assign and re-designate the applicants' positions constituted a variation of their employment contracts. There was no clear and unequivocal acceptance of the proposed changes by the applicants, and mere acquiescence or failure to respond did not amount to contractual consent. Clause 16 of the contracts required any variation to be in writing and signed by both parties, which was not done. Therefore, the respondents acted unlawfully in unilaterally varying the applicants' contracts. The applicants established a clear right to relief, and the respondents were ordered to comply with the original terms of employment.

Court Disposition

Application granted; respondents found in breach of employment contracts.

Orders

  • The re-assignment and re-designation of the applicants' positions and duties constitute a breach of their contracts of employment.
  • The respondents are ordered to comply with the terms of the applicants' contracts of employment.