Lottering and Others v Stellenbosch Municipality (C159/2010) [2010] ZALCCT 42 (7 May 2010)

Lottering and Others v Stellenbosch Municipality (C159/2010) [2010] ZALCCT 42 (7 May 2010)

The applicants unilaterally terminated their contracts of employment by giving notice, which was short of the contractual and statutory requirements. However, the respondent waived the balance of the notice period, thereby curing any breach and effecting termination on 30 November 2009. The act of resignation was a unilateral legal act permitted by contract and did not require acceptance or permit withdrawal without consent. The executive mayor lacked the delegated power to accept withdrawal of resignations, and the applicants failed to establish a clear right to the declaratory and interdictory relief sought. The contracts no longer subsisted after 30 November 2009.

Citation
[2010] ZALCCT 42
Parties
Applicant: Ronnie Peter Lottering; Applicant: Michael John Rhode; Applicant: Marx Puarwa; Respondent: Stellenbosch Municipality
Court
Labour Court Cape Town
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.
Judges
Cheadle AJ
Legal Topics
Resignation From Employment, Fixed Term Contracts, Notice Period, Waiver of Notice, Municipal Systems Act, Breach of Contract
Labour Law Civil Procedure Resignation From Employment Fixed Term Contracts 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 continued to subsist after their resignations and subsequent withdrawal attempts.
  2. 2 Whether the applicants' notices of resignation, which were short of the contractual and statutory notice periods, constituted valid termination or breach.
  3. 3 Whether the respondent's waiver of the notice period cured any breach and effected termination.

Ratio Decidendi

The applicants unilaterally terminated their contracts of employment by giving notice, which was short of the contractual and statutory requirements. However, the respondent waived the balance of the notice period, thereby curing any breach and effecting termination on 30 November 2009. The act of resignation was a unilateral legal act permitted by contract and did not require acceptance or permit withdrawal without consent. The executive mayor lacked the delegated power to accept withdrawal of resignations, and the applicants failed to establish a clear right to the declaratory and interdictory relief sought. The contracts no longer subsisted after 30 November 2009.

Court Disposition

Application dismissed with costs.

Orders

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