Ndebele-Monyela v Commission for Conciliation, Mediation and Arbitration and Others (JR2242/17) [2021] ZALCJHB 127 (21 June 2021)

Ndebele-Monyela v Commission for Conciliation, Mediation and Arbitration and Others (JR2242/17) [2021] ZALCJHB 127 (21 June 2021)

The court found that the arbitrator did not commit a reviewable irregularity. The applicant failed to prove a reasonable expectation of renewal of his fixed-term contract. The contract explicitly stated its termination date, and the requirement for notice only applied to premature termination, not expiry. The...

Source-derived case information.

Citation
[2021] ZALCJHB 127
Parties
Applicant: Themba Ndebele-Monyela; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Paul Botha N.O.; Respondent: Ditsong Museums of South Africa
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
21 June 2021
Case Number
JR2242/17
Procedural Posture
Review Application / Judgment on Review of Arbitration Award
Outcome
Review application dismissed; no order as to costs.
Judges
Mabaso
Legal Topics
Fixed Term Contracts, Reasonable Expectation of Renewal, Review of Arbitration Award, Procedural Irregularity, Inconsistency in Employment Practices
Labour Law Fixed Term Contracts Reasonable Expectation of Renewal Review of Arbitration Award Procedural Irregularity Inconsistency in Employment Practices

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Summary, issues, holding and outcome

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Parties

Themba Ndebele-Monyela

Applicant

Commission for Conciliation, Mediation and Arbitration

Respondent

Paul Botha N.O.

Respondent

Ditsong Museums of South Africa

Respondent

Procedural Posture

Review Application / Judgment on Review of Arbitration Award

Legal Issues

  1. 1 Whether the arbitrator committed a reviewable irregularity in finding that the applicant was not dismissed.
  2. 2 Whether the applicant had a reasonable expectation that his fixed-term contract would be renewed or extended.
  3. 3 Whether the employer was required to give notice of termination under the employment contract.

Ratio Decidendi

The court found that the arbitrator did not commit a reviewable irregularity. The applicant failed to prove a reasonable expectation of renewal of his fixed-term contract. The contract explicitly stated its termination date, and the requirement for notice only applied to premature termination, not expiry. The evidence presented by the applicant regarding renewal practices was insufficient and not objectively substantiated. The employer's actions, including advertising the applicant's position and sending notice via registered mail, further indicated no intention to renew. The allegations of bias and procedural irregularity against the arbitrator were unfounded. The review application was...

Court Disposition

Review application dismissed; no order as to costs.

Orders

  • The review application is dismissed.
  • There is no order as to costs.