Lottering and Others v Stellenbosch Municipality (C159/2010) [2010] ZALC 67; [2010] 12 BLLR 1306 (LC) ; (2010) 31 ILJ 2923 (LC) (7 May 2010)

Lottering and Others v Stellenbosch Municipality (C159/2010) [2010] ZALC 67; [2010] 12 BLLR 1306 (LC) ; (2010) 31 ILJ 2923 (LC) (7 May 2010)

The court held that the applicants unilaterally terminated their contracts of employment by giving notice, which was short of the contractual and statutory requirements. However, the respondent's acceptance of the short notice constituted a waiver of the balance of the notice period, curing any breach. The act of resignation was a unilateral legal act permitted by the contract and did not require acceptance or permit withdrawal without consent. The executive mayor did not have the delegated power to accept the withdrawal of the resignations. The applicants failed to demonstrate a clear right to the relief sought, as their contracts expired on 30 November 2009 due to the respondent's...

Citation
[2010] ZALC 67
Parties
Applicant: Ronnie Peter Lottering; Applicant: Michael John Rhode; Applicant: Marx Puarwa; Respondent: Stellenbosch Municipality
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
7 May 2010
Case Number
C159/2010
Procedural Posture
Urgent Application / Opposed Motion for Declaratory and Interdictory Relief
Outcome
Application dismissed with costs, including costs of senior counsel.
Judges
Cheadle
Legal Topics
Termination of Employment, Resignation, Notice Period, Waiver of Notice, Municipal Systems Act, Breach of Contract
Labour Law Civil Procedure Termination of Employment Resignation Notice Period Waiver of Notice Municipal Systems Act Breach of Contract

Case Brief

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Parties

Ronnie Peter Lottering

Applicant

Michael John Rhode

Applicant

Marx Puarwa

Applicant

Stellenbosch Municipality

Respondent

Procedural Posture

Urgent Application / Opposed Motion for Declaratory and Interdictory Relief

Legal Issues

  1. 1 Whether the applicants' contracts of employment subsisted after their resignation and subsequent withdrawal of resignation.
  2. 2 Whether the applicants' resignation notices, which were short of the contractual and statutory notice periods, constituted valid termination of employment.
  3. 3 Whether the respondent's waiver of the notice period cured any breach arising from short notice.

Ratio Decidendi

The court held that the applicants unilaterally terminated their contracts of employment by giving notice, which was short of the contractual and statutory requirements. However, the respondent's acceptance of the short notice constituted a waiver of the balance of the notice period, curing any breach. The act of resignation was a unilateral legal act permitted by the contract and did not require acceptance or permit withdrawal without consent. The executive mayor did not have the delegated power to accept the withdrawal of the resignations. The applicants failed to demonstrate a clear right to the relief sought, as their contracts expired on 30 November 2009 due to the respondent's...

Court Disposition

Application dismissed with costs, including costs of senior counsel.

Orders

  • The application is dismissed with costs, including the costs of senior counsel.