Milling Techniks (Pty) Ltd v Maputle NO and Others (JR1760/12) [2015] ZALCJHB 18 (3 February 2015)

Milling Techniks (Pty) Ltd v Maputle NO and Others (JR1760/12) [2015] ZALCJHB 18 (3 February 2015)

The court found that the applicant failed to provide a complete record of the limited duration contracts, specifically the 'reverse page' which was material to interpreting the contract and the arbitrator's reasoning. Without the full contract, the court could not properly adjudicate the review application. Even if the court were to proceed on the available information, the evidence showed that the applicant employed new employees in the same positions after terminating the contracts of the respondents, indicating that the termination was not linked to the completion of a specific portion of the project. The contract wording was too broad and capable of abuse, and the arbitrator's finding...

Citation
[2015] ZALCJHB 18
Parties
Applicant: Milling Techniks (Pty) Ltd; Respondent: Mohlala, Maputle N.O.; Respondent: The Commission for Conciliation, Mediation and Arbitration; Respondent: Mnzana, Tshepo & Another
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
3 February 2015
Case Number
JR1760/12
Procedural Posture
Review Application / Judgment on Review Application
Outcome
The applicant's review application is dismissed.
Judges
G van der Merwe
Legal Topics
Limited Duration Contracts, Unfair Dismissal, Review of Arbitration Award, Procedural Fairness
Labour Law Civil Procedure Limited Duration Contracts Unfair Dismissal Review of Arbitration Award Procedural Fairness

Case Brief

Summary, issues, holding and outcome

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Parties

Milling Techniks (Pty) Ltd

Applicant

Mohlala, Maputle N.O.

Respondent

The Commission for Conciliation, Mediation and Arbitration

Respondent

Mnzana, Tshepo & Another

Respondent

Procedural Posture

Review Application / Judgment on Review Application

Legal Issues

  1. 1 Whether the termination of the employees' limited duration contracts constituted a dismissal under the Labour Relations Act.
  2. 2 Whether the arbitrator's award was reviewable in light of an incomplete record.
  3. 3 Whether the contract wording permitted termination for any cause whatsoever and if such wording is enforceable.

Ratio Decidendi

The court found that the applicant failed to provide a complete record of the limited duration contracts, specifically the 'reverse page' which was material to interpreting the contract and the arbitrator's reasoning. Without the full contract, the court could not properly adjudicate the review application. Even if the court were to proceed on the available information, the evidence showed that the applicant employed new employees in the same positions after terminating the contracts of the respondents, indicating that the termination was not linked to the completion of a specific portion of the project. The contract wording was too broad and capable of abuse, and the arbitrator's finding...

Court Disposition

The applicant's review application is dismissed.

Orders

  • The applicant's review application is dismissed.
  • There is no order as to costs.