Mining Qualifications Authority v CCMA and Others (JR1766/20) [2023] ZALCJHB 215 (19 January 2023)

Mining Qualifications Authority v CCMA and Others (JR1766/20) [2023] ZALCJHB 215 (19 January 2023)

The court held that the expiry of the fixed term contract did not constitute a dismissal under section 186(1)(b) of the LRA, as no reasonable expectation of renewal was created by the ACEO's request or previous renewal practices. The Minister's moratorium on executive appointments was known to the third respondent and made any expectation of renewal unreasonable. Since no dismissal occurred, the CCMA lacked jurisdiction to arbitrate the dispute. The arbitration award was a nullity and was set aside. The court replaced it with an order that the third respondent was not dismissed and that the CCMA lacked jurisdiction.

Citation
[2023] ZALCJHB 215
Parties
Applicant: Mining Qualifications Authority; Respondent: CCMA; Respondent: Commissioner Eric Myhill N. O; Respondent: Mfundo Mdingi
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
19 January 2023
Case Number
JR1766/20
Procedural Posture
Review Application / Jurisdictional Review of CCMA Arbitration Award
Outcome
Application for review granted; arbitration award set aside and replaced with an order that the third respondent was not dismissed and the CCMA lacked jurisdiction.
Judges
GN Moshoana
Legal Topics
Fixed Term Contracts, Reasonable Expectation of Renewal, Jurisdiction of Ccma, Unfair Dismissal, Arbitration Review
Labour Law Civil Procedure Fixed Term Contracts Reasonable Expectation of Renewal Jurisdiction of Ccma Unfair Dismissal Arbitration Review

Case Brief

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Parties

Mining Qualifications Authority

Applicant

CCMA

Respondent

Commissioner Eric Myhill N. O

Respondent

Mfundo Mdingi

Respondent

Procedural Posture

Review Application / Jurisdictional Review of CCMA Arbitration Award

Legal Issues

  1. 1 Whether the expiry of a fixed term contract constitutes a dismissal under section 186(1)(b) of the LRA.
  2. 2 Whether the CCMA had jurisdiction to arbitrate the dispute in the absence of a dismissal.
  3. 3 Whether a recommendation for extension creates a reasonable expectation of renewal.

Ratio Decidendi

The court held that the expiry of the fixed term contract did not constitute a dismissal under section 186(1)(b) of the LRA, as no reasonable expectation of renewal was created by the ACEO's request or previous renewal practices. The Minister's moratorium on executive appointments was known to the third respondent and made any expectation of renewal unreasonable. Since no dismissal occurred, the CCMA lacked jurisdiction to arbitrate the dispute. The arbitration award was a nullity and was set aside. The court replaced it with an order that the third respondent was not dismissed and that the CCMA lacked jurisdiction.

Court Disposition

Application for review granted; arbitration award set aside and replaced with an order that the third respondent was not dismissed and the CCMA lacked jurisdiction.

Orders

  • The award issued by Commissioner Eric Myhill dated 16 October 2020 under case number GAJB7450-20 is reviewed and set aside.
  • It is replaced with an order that Mfundo Mdingi was not dismissed and the CCMA lacked jurisdiction to determine the alleged unfair dismissal dispute.