Maoko v Metal and Engineering Bargaining Council and Others (JR 2580/09) [2010] ZALC 101 (27 May 2010)

Maoko v Metal and Engineering Bargaining Council and Others (JR 2580/09) [2010] ZALC 101 (27 May 2010)

The court found that the applicant knowingly entered into a series of fixed-term contracts and that the arbitrator's conclusion that he was not dismissed was reasonable. The applicant's expectation of permanent employment was contradicted by his own conduct in signing further short-term contracts. The arbitrator did not act unreasonably or display bias, and there was no evidence of misconduct or gross irregularity. Economic duress was not established as a ground to invalidate the contracts, and the applicant's claim for permanent employment did not fall within the definition of dismissal under section 186(1)(b) of the Labour Relations Act. The review application was therefore dismissed.

Citation
[2010] ZALC 101
Parties
Applicant: Sonnyboy Bekeng Maoko; Respondent: Metal and Engineering Bargaining Council; Respondent: Thembakeile Nsibanyoni; Respondent: Henlec Switchboard
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
27 May 2010
Case Number
JR 2580/09
Procedural Posture
Review Application / Judgment
Outcome
Application to review and set aside the arbitrator's ruling is dismissed.
Judges
Lagrange
Legal Topics
Review of Arbitration Award, Fixed Term Contracts, Reasonable Expectation of Renewal, Unfair Dismissal, Bias in Arbitration
Labour Law Civil Procedure Review of Arbitration Award Fixed Term Contracts Reasonable Expectation of Renewal Unfair Dismissal Bias in Arbitration

Case Brief

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Parties

Sonnyboy Bekeng Maoko

Applicant

Metal and Engineering Bargaining Council

Respondent

Thembakeile Nsibanyoni

Respondent

Henlec Switchboard

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the arbitrator's award should be set aside on review under section 145 of the Labour Relations Act.
  2. 2 Whether the applicant was dismissed within the meaning of section 186(1)(b) of the Labour Relations Act.
  3. 3 Whether economic duress or pressure invalidated the fixed-term contracts entered into by the applicant.

Ratio Decidendi

The court found that the applicant knowingly entered into a series of fixed-term contracts and that the arbitrator's conclusion that he was not dismissed was reasonable. The applicant's expectation of permanent employment was contradicted by his own conduct in signing further short-term contracts. The arbitrator did not act unreasonably or display bias, and there was no evidence of misconduct or gross irregularity. Economic duress was not established as a ground to invalidate the contracts, and the applicant's claim for permanent employment did not fall within the definition of dismissal under section 186(1)(b) of the Labour Relations Act. The review application was therefore dismissed.

Court Disposition

Application to review and set aside the arbitrator's ruling is dismissed.

Orders

  • The application to review and set aside the arbitrator's ruling is dismissed.
  • No order as to costs.