Mmatli and Others v Department Of Infrastructure Development (Gauteng Province) (J1238/14) [2014] ZALCJHB 200; (2015) 36 ILJ 464 (LC) (6 June 2014)

Mmatli and Others v Department Of Infrastructure Development (Gauteng Province) (J1238/14) [2014] ZALCJHB 200; (2015) 36 ILJ 464 (LC) (6 June 2014)

The court found that the applicants failed to establish a factual basis for an automatically unfair dismissal under section 187(1)(d) of the LRA, as their founding affidavit did not set out which rights were exercised or intended to be exercised. The alternative argument regarding operational requirements and section 189 was not properly pleaded. The respondent's reason for dismissal—refusal to sign a backdated fixed term contract—did not constitute a fair reason under section 188 of the LRA. However, the applicants had an adequate alternative remedy under the LRA for unfair dismissal, and urgent interim relief was not warranted. The application for declaratory relief was withdrawn, and...

Citation
[2014] ZALCJHB 200
Parties
Applicant: Reneilwe Mmatli; Applicant: Thulisile Thipe; Applicant: Othusitse Phekonyane; Applicant: Reuben Ramphisha; Applicant: Marlyn Makamu; Applicant: Mncedisi July; Applicant: Prudence Molele; Applicant: Jean Ronoti; Applicant: Keneilwe Mogale; Applicant: Tintswalo Chauke; Applicant: Millicent Chauke; Applicant: Lucas Phora; Applicant: Simon Ramapepe; Applicant: Matlakala Sekoto; Applicant: Maria Phasha; Applicant: Knox Mokoto; Applicant: Gosiame Mosiane; Applicant: Zodwa Mohlala; Applicant: Mmathabo Nakedi; Applicant: Patrick Mothupi; Respondent: Department Of Infrastructure Development (Gauteng Province)
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
6 June 2014
Case Number
J1238/14
Procedural Posture
Urgent Application / Interim Relief Application Before Final Determination
Outcome
Application dismissed. Each party to pay its own costs.
Judges
R Lagrange
Legal Topics
Fixed Term Contracts, Unfair Dismissal, Interdictory Relief, Res Judicata, Section 186 Lra, Section 188 Lra
Labour Law Civil Procedure Fixed Term Contracts Unfair Dismissal Interdictory Relief Res Judicata Section 186 Lra Section 188 Lra

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 12 Party arguments 2
Sign in to unlock

Parties

Reneilwe Mmatli

Applicant

Thulisile Thipe

Applicant

Othusitse Phekonyane

Applicant

Reuben Ramphisha

Applicant

Marlyn Makamu

Applicant

Mncedisi July

Applicant

Prudence Molele

Applicant

Jean Ronoti

Applicant

Keneilwe Mogale

Applicant

Tintswalo Chauke

Applicant

Millicent Chauke

Applicant

Lucas Phora

Applicant

Simon Ramapepe

Applicant

Matlakala Sekoto

Applicant

Maria Phasha

Applicant

Knox Mokoto

Applicant

Gosiame Mosiane

Applicant

Zodwa Mohlala

Applicant

Mmathabo Nakedi

Applicant

Patrick Mothupi

Applicant

Department Of Infrastructure Development (Gauteng Province)

Respondent

Procedural Posture

Urgent Application / Interim Relief Application Before Final Determination

Legal Issues

  1. 1 Whether the applicants are entitled to interim relief preventing their dismissal for refusing to sign backdated fixed term contracts.
  2. 2 Whether the respondent's intended dismissal constitutes an automatically unfair dismissal under section 187 of the LRA.
  3. 3 Whether the Labour Court has jurisdiction to grant urgent interdictory relief in the circumstances.

Ratio Decidendi

The court found that the applicants failed to establish a factual basis for an automatically unfair dismissal under section 187(1)(d) of the LRA, as their founding affidavit did not set out which rights were exercised or intended to be exercised. The alternative argument regarding operational requirements and section 189 was not properly pleaded. The respondent's reason for dismissal—refusal to sign a backdated fixed term contract—did not constitute a fair reason under section 188 of the LRA. However, the applicants had an adequate alternative remedy under the LRA for unfair dismissal, and urgent interim relief was not warranted. The application for declaratory relief was withdrawn, and...

Court Disposition

Application dismissed. Each party to pay its own costs.

Orders

  • The application is dismissed.
  • The parties must pay their own costs.