Mookeng v Tshwane University (J2252/06) [2007] ZALCJHB 80 (9 March 2007)

Mookeng v Tshwane University (J2252/06) [2007] ZALCJHB 80 (9 March 2007)

The Court found that the applicant's fixed term contract ended by effluxion of time on 28 February 2006, as stipulated in the contract and confirmed by the respondent's notices. Clause 5.1 did not require three months' notice for termination by 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 referred generally to temporary workers. The disciplinary inquiry held after the contract expired was unnecessary and academic. The applicant failed to prove any extension of her contract or entitlement to damages, and there was no evidence she tendered her services...

Citation
[2007] ZALCJHB 80
Parties
Applicant: Jemina Mookeng; Respondent: Tshwane University
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
9 March 2007
Case Number
J2252/06
Procedural Posture
Urgent Application / Judgment
Outcome
The applicant's claim is dismissed with costs.
Judges
Pillay D
Legal Topics
Fixed Term Contract, Termination by Effluxion of Time, Disciplinary Inquiry, Breach of Contract
Labour Law Fixed Term Contract Termination by Effluxion of Time Disciplinary Inquiry Breach of Contract

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 under clause 5.1 of the contract.
  3. 3 Whether the disciplinary inquiry held after the contract expired 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, as stipulated in the contract and confirmed by the respondent's notices. Clause 5.1 did not require three months' notice for termination by 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 referred generally to temporary workers. The disciplinary inquiry held after the contract expired was unnecessary and academic. The applicant failed to prove any extension of her contract or entitlement to damages, and there was no evidence she tendered her services...

Court Disposition

The applicant's claim is dismissed with costs.

Orders

  • The application is dismissed with costs.