Msiza and Another v South African Local Government Bargaining Council and Others (JR1263/12) [2015] ZALCJHB 133 (22 April 2015)

Msiza and Another v South African Local Government Bargaining Council and Others (JR1263/12) [2015] ZALCJHB 133 (22 April 2015)

The court found that the applicants had entered into fixed-term contracts with the third respondent and subsequently, despite a collective agreement providing for conversion to permanent positions, expressly waived their rights under that agreement. The arbitrator's decision that the applicants were not dismissed but that their contracts had expired was reasonable and supported by the evidence. The failure to consider closing statements before issuing the award did not amount to a material irregularity sufficient to vitiate the award. The application for review was therefore dismissed, and condonation for late filing was granted.

Citation
[2015] ZALCJHB 133
Parties
Applicant: Jan Charly Msiza; Applicant: Boy Mgiji Skosana; Respondent: South African Local Government Bargaining Council; Respondent: Commissioner Thomas NtimBana; Respondent: Thembisile Hani Local Municipality
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
22 April 2015
Case Number
JR1263/12
Procedural Posture
Review Application / Judgment on Review of Arbitration Award
Outcome
Application for review dismissed; condonation for late filing granted; no order as to costs.
Judges
Mthombeni
Legal Topics
Fixed Term Contracts, Collective Agreements, Waiver of Rights, Unfair Dismissal, Condonation, Arbitration Review
Labour Law Civil Procedure Fixed Term Contracts Collective Agreements Waiver of Rights Unfair Dismissal Condonation Arbitration Review

Case Brief

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Parties

Jan Charly Msiza

Applicant

Boy Mgiji Skosana

Applicant

South African Local Government Bargaining Council

Respondent

Commissioner Thomas NtimBana

Respondent

Thembisile Hani Local Municipality

Respondent

Procedural Posture

Review Application / Judgment on Review of Arbitration Award

Legal Issues

  1. 1 Whether the termination of the applicants' fixed-term contracts constituted a dismissal under the Labour Relations Act.
  2. 2 Whether the applicants waived their rights under the collective agreement to convert their positions to permanent employment.
  3. 3 Whether the arbitration award was reviewable due to alleged irregularities, including the timing of closing statements.

Ratio Decidendi

The court found that the applicants had entered into fixed-term contracts with the third respondent and subsequently, despite a collective agreement providing for conversion to permanent positions, expressly waived their rights under that agreement. The arbitrator's decision that the applicants were not dismissed but that their contracts had expired was reasonable and supported by the evidence. The failure to consider closing statements before issuing the award did not amount to a material irregularity sufficient to vitiate the award. The application for review was therefore dismissed, and condonation for late filing was granted.

Court Disposition

Application for review dismissed; condonation for late filing granted; no order as to costs.

Orders

  • Condonation for the late filing of this application is granted.
  • The application is dismissed.