Naude and Others v Office of Chief Justice and Another (2024/150037) [2025] ZALCD 23 (21 January 2025)

Naude and Others v Office of Chief Justice and Another (2024/150037) [2025] ZALCD 23 (21 January 2025)

The Labour Court found that the applicants had established extremely cogent grounds for urgent interim relief. Despite the fixed-term nature of their contracts, the history of repeated renewals and long service created a reasonable expectation of renewal or permanency. The respondents' decision not to renew and to advertise the posts, especially under the guise of employment equity, was found to be unfair on the face of the evidence. The court rejected the defences of res judicata, lis pendens, and lack of urgency, noting that the High Court application was based on a different cause of action and that the applicants acted promptly after exhausting internal remedies. The Labour Court held...

Citation
[2025] ZALCD 23
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 Durban
Jurisdiction
South Africa
Judgment Date
21 January 2025
Case Number
2024/150037
Procedural Posture
Urgent Application / Application for Urgent Interim Relief Pending Arbitration Before the Bargaining Council
Outcome
Application granted in part: prayers 1 and 3 granted, dispensing with forms and service and extending applicants' contracts pending arbitration; costs not awarded.
Judges
Whitcher
Legal Topics
Fixed Term Contracts, Reasonable Expectation of Renewal, Urgent Interim Relief, Unfair Labour Practice, Employment Equity, Jurisdiction of Labour Court
Labour Law Civil Procedure Fixed Term Contracts Reasonable Expectation of Renewal Urgent Interim Relief Unfair Labour Practice Employment Equity Jurisdiction of Labour Court

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 Pending Arbitration Before the Bargaining Council

Legal Issues

  1. 1 Whether the applicants had a reasonable expectation of renewal or permanency of their fixed-term contracts.
  2. 2 Whether the Labour Court had jurisdiction to grant urgent interim relief pending arbitration.
  3. 3 Whether the respondents' refusal to renew contracts and recruitment process violated applicants' rights under the Labour Relations Act.

Ratio Decidendi

The Labour Court found that the applicants had established extremely cogent grounds for urgent interim relief. Despite the fixed-term nature of their contracts, the history of repeated renewals and long service created a reasonable expectation of renewal or permanency. The respondents' decision not to renew and to advertise the posts, especially under the guise of employment equity, was found to be unfair on the face of the evidence. The court rejected the defences of res judicata, lis pendens, and lack of urgency, noting that the High Court application was based on a different cause of action and that the applicants acted promptly after exhausting internal remedies. The Labour Court held...

Court Disposition

Application granted in part: prayers 1 and 3 granted, dispensing with forms and service and extending applicants' contracts pending arbitration; costs not awarded.

Orders

  • The forms and service provided for in the Rules are dispensed with and the matter is treated as one of urgency.
  • 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.