Matlole v Mafube Local Municipality and Others (J421/2020) [2020] ZALCJHB 98 (24 June 2020)

Matlole v Mafube Local Municipality and Others (J421/2020) [2020] ZALCJHB 98 (24 June 2020)

The court held that the applicant had unilaterally terminated his contract of employment by giving clear notice of resignation, which was communicated and accepted by the first respondent. The terms of the contract allowed for termination on one month's notice after twelve months of employment, which the applicant had fulfilled. The applicant's attempt to withdraw his resignation was ineffective, as withdrawal of notice is only possible by agreement, which was absent. The factual disputes raised by the applicant regarding the MEC's involvement were not seriously contested, and the confirmatory affidavit from the MEC supported the respondents' version. The authorities cited by the...

Citation
[2020] ZALCJHB 98
Parties
Applicant: Mojalefa Joseph Matlole; Respondent: Mafube Local Municipality; Respondent: Jabulani Elliot Sigma; Respondent: Moses Tekoetsile Mofokeng; Respondent: Maria Matsatsi Mofokeng; Respondent: Thembeni Nxangisa
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
24 June 2020
Case Number
J421/2020
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Dismissal of Salary Claim
Outcome
Leave to appeal is refused with costs.
Judges
Van Niekerk
Legal Topics
Resignation, Fixed Term Contract, Withdrawal of Notice, Costs Discretion, Urgent Application
Labour Law Civil Procedure Resignation Fixed Term Contract Withdrawal of Notice Costs Discretion Urgent Application

Case Brief

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Parties

Mojalefa Joseph Matlole

Applicant

Mafube Local Municipality

Respondent

Jabulani Elliot Sigma

Respondent

Moses Tekoetsile Mofokeng

Respondent

Maria Matsatsi Mofokeng

Respondent

Thembeni Nxangisa

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Dismissal of Salary Claim

Legal Issues

  1. 1 Whether the applicant was entitled to withdraw his resignation and claim salary.
  2. 2 Whether the applicant's resignation was valid and effective.
  3. 3 Whether the applicant was entitled to withdraw notice of termination unilaterally.

Ratio Decidendi

The court held that the applicant had unilaterally terminated his contract of employment by giving clear notice of resignation, which was communicated and accepted by the first respondent. The terms of the contract allowed for termination on one month's notice after twelve months of employment, which the applicant had fulfilled. The applicant's attempt to withdraw his resignation was ineffective, as withdrawal of notice is only possible by agreement, which was absent. The factual disputes raised by the applicant regarding the MEC's involvement were not seriously contested, and the confirmatory affidavit from the MEC supported the respondents' version. The authorities cited by the...

Court Disposition

Leave to appeal is refused with costs.

Orders

  • Leave to appeal is refused with costs.