Naude and Others v Office of the Chief Justice and Another (2024-150037) [2025] ZALCCT 6 (21 January 2025)

Naude and Others v Office of the Chief Justice and Another (2024-150037) [2025] ZALCCT 6 (21 January 2025)

The Labour Court found that the applicants had established extremely cogent grounds for urgent interim relief. Despite being employed on fixed-term contracts, the applicants had served for many years with repeated renewals, creating a reasonable expectation of renewal or permanency. The respondents' decision not to renew the contracts and to advertise the posts for youth employment, without proper consideration of the applicants' long service and the recommendations of the Judges' Committee, was prima facie unfair. The pleas of res judicata and lis pendens were rejected, as the High Court application was based on a different cause of action and did not conclusively adjudicate the present...

Citation
[2025] ZALCCT 6
Parties
Applicant: Susanna Naude; Applicant: Zinrle Inga Twaku; Applicant: Annamarie Niewoudt; Applicant: Antoinette Louise du Toit; Applicant: Nokuthula PF Mncwango; Applicant: Jacqueline Blake; Applicant: Nomaswazi Amanda Mvula; Applicant: Nomandla Vimbi-Mudau; Applicant: Estelle Manuel; Respondent: Office of the Chief Justice; Respondent: Secretary General: Office of the Chief Justice
Court
Labour Court Cape Town
Jurisdiction
South Africa
Judgment Date
21 January 2025
Case Number
2024-150037
Procedural Posture
Urgent Application / Application for Urgent Interim Relief Prior to Arbitration
Outcome
Application for urgent interim relief granted in part; prayers 1 and 3 granted.
Judges
Whitcher
Legal Topics
Fixed Term Contracts, Reasonable Expectation of Renewal, Unfair Labour Practice, Urgent Interim Relief, Employment Equity, Jurisdiction
Labour Law Civil Procedure Fixed Term Contracts Reasonable Expectation of Renewal Unfair Labour Practice Urgent Interim Relief Employment Equity Jurisdiction

Case Brief

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Parties

Susanna Naude

Applicant

Zinrle Inga Twaku

Applicant

Annamarie Niewoudt

Applicant

Antoinette Louise du Toit

Applicant

Nokuthula PF Mncwango

Applicant

Jacqueline Blake

Applicant

Nomaswazi Amanda Mvula

Applicant

Nomandla Vimbi-Mudau

Applicant

Estelle Manuel

Applicant

Office of the Chief Justice

Respondent

Secretary General: Office of the Chief Justice

Respondent

Procedural Posture

Urgent Application / Application for Urgent Interim Relief Prior to Arbitration

Legal Issues

  1. 1 Whether the applicants had a reasonable expectation of renewal or permanency of their fixed-term contracts.
  2. 2 Whether the respondents' refusal to renew or make permanent the applicants' contracts constituted an unfair labour practice or dismissal under the Labour Relations Act.
  3. 3 Whether the Labour Court had jurisdiction to grant urgent interim relief pending arbitration before the Bargaining Council.

Ratio Decidendi

The Labour Court found that the applicants had established extremely cogent grounds for urgent interim relief. Despite being employed on fixed-term contracts, the applicants had served for many years with repeated renewals, creating a reasonable expectation of renewal or permanency. The respondents' decision not to renew the contracts and to advertise the posts for youth employment, without proper consideration of the applicants' long service and the recommendations of the Judges' Committee, was prima facie unfair. The pleas of res judicata and lis pendens were rejected, as the High Court application was based on a different cause of action and did not conclusively adjudicate the present...

Court Disposition

Application for urgent interim relief granted in part; prayers 1 and 3 granted.

Orders

  • The forms and service provided for in the Rules are dispensed with and the matter is treated as one of urgency in terms of Rule 38.
  • The applicants’ fixed-term contracts due to terminate on 31 December 2024 are extended pending final determination of the applicants’ unfair labour practice referral to the Bargaining Council under case number GPBC1685/2024.