Mofokeng and Others v Rotek and Roschon SOC Ltd (JA43/2020) [2021] ZALAC 36; (2021) 42 ILJ 1902 (LAC) (25 June 2021)

Mofokeng and Others v Rotek and Roschon SOC Ltd (JA43/2020) [2021] ZALAC 36; (2021) 42 ILJ 1902 (LAC) (25 June 2021)

The Labour Appeal Court found that the appellants failed to establish a reasonable expectation of renewal of their fixed-term contracts. The evidence showed that the appellants were consulted and notified in advance that their contracts would not be extended due to restructuring and financial constraints. The categorisation of the appellants as members of the floating team was supported by the evidence, and the application of the LIFO principle was within team structures. The appellants did not demonstrate that the LIFO principle was incorrectly applied or that they were unfairly dismissed. The Labour Court correctly concluded that the review had no reasonable prospects of success and...

Citation
[2021] ZALAC 36
Parties
Appellant: Andries Mofokeng & 4 Others; Respondent: Rotek and Roschon SOC Ltd
Court
Labour Appeal Court
Jurisdiction
South Africa
Judgment Date
25 June 2021
Case Number
JA43/2020
Procedural Posture
Civil Appeal / Appeal Against Labour Court Refusal of Condonation for Late Review Application
Outcome
Appeal dismissed; condonation for late filing of review application refused.
Judges
Waglay, Coppin, Molefe
Legal Topics
Condonation, Unfair Dismissal, Reasonable Expectation, Fixed Term Contract, Retrenchment, Application of Lifo
Labour Law Condonation Unfair Dismissal Reasonable Expectation Fixed Term Contract Retrenchment Application of Lifo

Case Brief

Summary, issues, holding and outcome

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Parties

Andries Mofokeng & 4 Others

Appellant

Rotek and Roschon SOC Ltd

Respondent

Procedural Posture

Civil Appeal / Appeal Against Labour Court Refusal of Condonation for Late Review Application

Legal Issues

  1. 1 Whether the Labour Court erred in refusing condonation for the late filing of the review application.
  2. 2 Whether the review had reasonable prospects of success regarding the alleged unfair dismissal.
  3. 3 Whether the LIFO principle was properly applied in the restructuring process.

Ratio Decidendi

The Labour Appeal Court found that the appellants failed to establish a reasonable expectation of renewal of their fixed-term contracts. The evidence showed that the appellants were consulted and notified in advance that their contracts would not be extended due to restructuring and financial constraints. The categorisation of the appellants as members of the floating team was supported by the evidence, and the application of the LIFO principle was within team structures. The appellants did not demonstrate that the LIFO principle was incorrectly applied or that they were unfairly dismissed. The Labour Court correctly concluded that the review had no reasonable prospects of success and...

Court Disposition

Appeal dismissed; condonation for late filing of review application refused.

Orders

  • The appeal is dismissed.
  • No order is made in respect of the costs of the appeal.