Mtimkulu v Commission for Conciliation, Mediation and Arbitration and Others (JR 1212/08) [2010] ZALC 248 (2 November 2010)

Mtimkulu v Commission for Conciliation, Mediation and Arbitration and Others (JR 1212/08) [2010] ZALC 248 (2 November 2010)

The court found that the applicant's learnership contract was for a fixed term, expiring on 31 March 2006. The subsequent continuation of the employment relationship was solely to enable the applicant to complete his studies, as recommended in a memorandum by the acting HR manager. There was no evidence of a new contract or any guarantee of permanent employment. The applicant failed to provide evidence that he was still studying or rendering services to the employer at the time of termination. The employer applied consistent criteria for terminating learners whose contracts had expired and who were not studying or working. The arbitrator's finding that the termination was substantively...

Citation
[2010] ZALC 248
Parties
Applicant: Mtimkulu M N; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Ntsoane D S (N.O.); Respondent: South African Civil Aviation Authority
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
2 November 2010
Case Number
JR 1212/08
Procedural Posture
Review Application / Judgment on Review of Arbitration Award
Outcome
Application to review and set aside the arbitrator's award on substantive fairness is dismissed; application on procedural fairness is upheld.
Judges
Lagrange
Legal Topics
Unfair Dismissal, Procedural Fairness, Learnership Contract, Termination of Employment, Discrimination, Remuneration
Labour Law Unfair Dismissal Procedural Fairness Learnership Contract Termination of Employment Discrimination Remuneration

Case Brief

Summary, issues, holding and outcome

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Parties

Mtimkulu M N

Applicant

Commission for Conciliation, Mediation and Arbitration

Respondent

Ntsoane D S (N.O.)

Respondent

South African Civil Aviation Authority

Respondent

Procedural Posture

Review Application / Judgment on Review of Arbitration Award

Legal Issues

  1. 1 Whether the termination of the applicant's learnership contract constituted an unfair dismissal.
  2. 2 Whether the termination was substantively and/or procedurally fair.
  3. 3 Whether the employer was required to provide the applicant with an opportunity to justify his continued employment.

Ratio Decidendi

The court found that the applicant's learnership contract was for a fixed term, expiring on 31 March 2006. The subsequent continuation of the employment relationship was solely to enable the applicant to complete his studies, as recommended in a memorandum by the acting HR manager. There was no evidence of a new contract or any guarantee of permanent employment. The applicant failed to provide evidence that he was still studying or rendering services to the employer at the time of termination. The employer applied consistent criteria for terminating learners whose contracts had expired and who were not studying or working. The arbitrator's finding that the termination was substantively...

Court Disposition

Application to review and set aside the arbitrator's award on substantive fairness is dismissed; application on procedural fairness is upheld.

Orders

  • The arbitrator's finding that the termination of the applicant's learnership contract did not constitute an unfair dismissal is substituted with a finding that the termination was substantively fair but procedurally unfair.
  • The third respondent is ordered to pay the applicant an amount equivalent to two months' remuneration calculated at his rate of remuneration at the time of dismissal.