Maphumo Local Municipality v Mhlongo and Others (D1198/13) [2016] ZALCD 2 (20 January 2016)

Maphumo Local Municipality v Mhlongo and Others (D1198/13) [2016] ZALCD 2 (20 January 2016)

The court found that the arbitrator committed no reviewable irregularity in concluding that Mhlongo had a reasonable expectation of renewal based on the express terms of his contract, specifically clause 3.3, which provided that renewal should not be unreasonably withheld absent poor performance or incompatibility as determined by the Mayor. The absence of a performance agreement did not bar renewal, as the time for its conclusion had not yet lapsed and the municipality had tolerated its absence for years. The municipality failed to provide evidence of poor performance or incompatibility, and the true reason for non-renewal was the decision of a non-statutory body, the ANC RWC, which had...

Citation
[2016] ZALCD 2
Parties
Applicant: Maphumulo Local Municipality; Respondent: Vusumuzi Welcome Mhlongo; Respondent: Richard Lyster N.O.; Respondent: CCMA; Respondent: IMATU
Court
Labour Court Durban
Jurisdiction
South Africa
Judgment Date
20 January 2016
Case Number
D1198/13
Procedural Posture
Review Application / Judgment on Opposed Review of CCMA Arbitration Award
Outcome
Application dismissed with costs.
Judges
Whitcher
Legal Topics
Fixed Term Contracts, Reasonable Expectation of Renewal, Performance Agreements, Unfair Dismissal, Municipal Systems Act, Arbitration Review
Labour Law Civil Procedure Fixed Term Contracts Reasonable Expectation of Renewal Performance Agreements Unfair Dismissal Municipal Systems Act Arbitration Review

Case Brief

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Parties

Maphumulo Local Municipality

Applicant

Vusumuzi Welcome Mhlongo

Respondent

Richard Lyster N.O.

Respondent

CCMA

Respondent

IMATU

Respondent

Procedural Posture

Review Application / Judgment on Opposed Review of CCMA Arbitration Award

Legal Issues

  1. 1 Whether the arbitrator committed a reviewable irregularity in finding that Mhlongo had a reasonable expectation of renewal of his fixed term contract.
  2. 2 Whether the absence of a performance agreement constituted a bar to renewal of the fixed term contract.
  3. 3 Whether the municipality's reliance on political incompatibility or lack of performance agreements was substantiated.

Ratio Decidendi

The court found that the arbitrator committed no reviewable irregularity in concluding that Mhlongo had a reasonable expectation of renewal based on the express terms of his contract, specifically clause 3.3, which provided that renewal should not be unreasonably withheld absent poor performance or incompatibility as determined by the Mayor. The absence of a performance agreement did not bar renewal, as the time for its conclusion had not yet lapsed and the municipality had tolerated its absence for years. The municipality failed to provide evidence of poor performance or incompatibility, and the true reason for non-renewal was the decision of a non-statutory body, the ANC RWC, which had...

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed with costs.