Kwezi Group v Bond and Others (JR35/08) [2010] ZALCJHB 73 (3 February 2010)

Kwezi Group v Bond and Others (JR35/08) [2010] ZALCJHB 73 (3 February 2010)

The court found that the second respondent failed to properly apply his mind to the facts and committed a gross irregularity in finding that the first respondent had a reasonable expectation of renewal. The evidence showed that the applicant had reduced the contract periods due to poor performance and had informed the first respondent that her contract would not be renewed. In these circumstances, a reasonable employee could not have expected renewal or permanent employment. The termination of the first respondent's employment did not constitute a dismissal under section 186(1)(b) of the Labour Relations Act. The arbitration award was therefore reviewed and set aside.

Citation
[2010] ZALCJHB 73
Parties
Applicant: Kwezi Group; Respondent: Bond B; Respondent: Zwane B; Respondent: Commission for Conciliation Mediation & Arbitration
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
3 February 2010
Case Number
JR 35/08
Procedural Posture
Review Application / Judgment
Outcome
The arbitration award is reviewed and set aside. The termination of the first respondent's employment does not constitute a dismissal under section 186(1)(b) of the LRA. Costs are awarded against the first respondent.
Judges
Nyathela AJ
Legal Topics
Fixed Term Contracts, Reasonable Expectation of Renewal, Unfair Dismissal, Review of Arbitration Award, Gross Irregularity
Labour Law Civil Procedure Fixed Term Contracts Reasonable Expectation of Renewal Unfair Dismissal Review of Arbitration Award Gross Irregularity

Case Brief

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Parties

Kwezi Group

Applicant

Bond B

Respondent

Zwane B

Respondent

Commission for Conciliation Mediation & Arbitration

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the second respondent committed a gross irregularity in finding that the first respondent had a reasonable expectation of renewal of her fixed-term contract.
  2. 2 Whether the termination of the first respondent's employment constituted a dismissal under section 186(1)(b) of the Labour Relations Act.
  3. 3 Whether the arbitration award should be reviewed and set aside.

Ratio Decidendi

The court found that the second respondent failed to properly apply his mind to the facts and committed a gross irregularity in finding that the first respondent had a reasonable expectation of renewal. The evidence showed that the applicant had reduced the contract periods due to poor performance and had informed the first respondent that her contract would not be renewed. In these circumstances, a reasonable employee could not have expected renewal or permanent employment. The termination of the first respondent's employment did not constitute a dismissal under section 186(1)(b) of the Labour Relations Act. The arbitration award was therefore reviewed and set aside.

Court Disposition

The arbitration award is reviewed and set aside. The termination of the first respondent's employment does not constitute a dismissal under section 186(1)(b) of the LRA. Costs are awarded against the first respondent.

Orders

  • The arbitration award issued by the second respondent on 20 November 2007 under case number GAJB 300028-07 is reviewed and set aside.
  • The award is substituted by the order that the termination of the first respondent's employment on 31 August 2007 does not constitute a dismissal as contemplated in section 186(1)(b) of the LRA.