Mookeng v Tshwane University (J2252/06) [2007] ZALC 166 (9 March 2007)

Mookeng v Tshwane University (J2252/06) [2007] ZALC 166 (9 March 2007)

The court found that the applicant's fixed term contract ended by effluxion of time on 28 February 2006. Clause 5.1 of the agreement did not require the respondent to give three months' notice for termination upon expiry, only for termination during the contract's currency. The email relied upon by the applicant did not extend her contract, as it was issued after her contract had expired and was directed at temporary workers generally. The disciplinary inquiry held after the expiry of the contract was unnecessary and academic, as the employment relationship had already ended. The applicant failed to prove any extension of her contract or entitlement to damages, and there was no evidence...

Citation
[2007] ZALC 166
Parties
Applicant: Jemina Mookeng; Respondent: Tshwane University
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
9 March 2007
Case Number
J2252/06
Procedural Posture
Urgent Application / Judgment
Outcome
Application dismissed with costs.
Judges
Pillay D
Legal Topics
Fixed Term Contract, Termination by Effluxion of Time, Disciplinary Inquiry, Breach of Contract, Notice Period
Labour Law Fixed Term Contract Termination by Effluxion of Time Disciplinary Inquiry Breach of Contract Notice Period

Case Brief

Summary, issues, holding and outcome

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Parties

Jemina Mookeng

Applicant

Tshwane University

Respondent

Procedural Posture

Urgent Application / Judgment

Legal Issues

  1. 1 Whether the applicant's fixed term contract was lawfully terminated by effluxion of time.
  2. 2 Whether the respondent was obliged to give three months' notice before terminating the contract.
  3. 3 Whether the disciplinary inquiry held after the expiry of the contract was valid or necessary.

Ratio Decidendi

The court found that the applicant's fixed term contract ended by effluxion of time on 28 February 2006. Clause 5.1 of the agreement did not require the respondent to give three months' notice for termination upon expiry, only for termination during the contract's currency. The email relied upon by the applicant did not extend her contract, as it was issued after her contract had expired and was directed at temporary workers generally. The disciplinary inquiry held after the expiry of the contract was unnecessary and academic, as the employment relationship had already ended. The applicant failed to prove any extension of her contract or entitlement to damages, and there was no evidence...

Court Disposition

Application dismissed with costs.

Orders

  • The applicant's claim is dismissed with costs.