Mncedane v Maziya General Service and Others (JR 1115/19) [2020] ZALCJHB 142; (2021) 42 ILJ 150 (LC) (17 August 2020)

Mncedane v Maziya General Service and Others (JR 1115/19) [2020] ZALCJHB 142; (2021) 42 ILJ 150 (LC) (17 August 2020)

The court found that, although the applicant was for all practical purposes employed by the third respondent, the fixed-term contract concluded with Rand Water regulated the employment relationship from July 2015. The evidence established that the applicant's employment was project-based and terminated automatically upon completion of the project on 30 November 2018. There was no dismissal as defined by the Labour Relations Act, and the CCMA lacked jurisdiction to arbitrate the dispute. The applicant's reliance on section 198B was misplaced, as project-based fixed-term contracts are permissible. The absence of a Xhosa interpreter did not prejudice the applicant's right to a fair hearing,...

Citation
[2020] ZALCJHB 142
Parties
Applicant: Nkosifikalela G Mncedane; Respondent: Maziya General Service; Respondent: Zizi Mqingwana; Respondent: The Commission for Conciliation, Mediation and Arbitration
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
17 August 2020
Case Number
JR 1115/19
Procedural Posture
Review Application / Reasons for Judgment Following Dismissal of Review Application
Outcome
Application for review dismissed.
Judges
N Coetzer
Legal Topics
Fixed Term Contracts, Jurisdiction of Ccma, Section 200a Presumption, Section 198b Project Work, Employment Status, Right to Interpreter
Labour Law Fixed Term Contracts Jurisdiction of Ccma Section 200a Presumption Section 198b Project Work Employment Status Right to Interpreter

Case Brief

Summary, issues, holding and outcome

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Parties

Nkosifikalela G Mncedane

Applicant

Maziya General Service

Respondent

Zizi Mqingwana

Respondent

The Commission for Conciliation, Mediation and Arbitration

Respondent

Procedural Posture

Review Application / Reasons for Judgment Following Dismissal of Review Application

Legal Issues

  1. 1 Whether the applicant was dismissed by the third respondent within the meaning of the Labour Relations Act.
  2. 2 Whether the CCMA had jurisdiction to arbitrate the dispute based on the existence of a dismissal.
  3. 3 Whether the fixed-term contract with Rand Water was valid and regulated the employment relationship.

Ratio Decidendi

The court found that, although the applicant was for all practical purposes employed by the third respondent, the fixed-term contract concluded with Rand Water regulated the employment relationship from July 2015. The evidence established that the applicant's employment was project-based and terminated automatically upon completion of the project on 30 November 2018. There was no dismissal as defined by the Labour Relations Act, and the CCMA lacked jurisdiction to arbitrate the dispute. The applicant's reliance on section 198B was misplaced, as project-based fixed-term contracts are permissible. The absence of a Xhosa interpreter did not prejudice the applicant's right to a fair hearing,...

Court Disposition

Application for review dismissed.

Orders

  • The application for review is dismissed.