Nowalaza and Others v Office of the Chief Justice and Another (J1177/2017) [2017] ZALCJHB 234 (15 June 2017)

Nowalaza and Others v Office of the Chief Justice and Another (J1177/2017) [2017] ZALCJHB 234 (15 June 2017)

The Court found that the applicants established a reasonable expectation of permanent employment based on the repeated renewal of fixed term contracts and the conduct of the Office of the Chief Justice. The Public Service Act and its regulations do not override the protection afforded by section 186(1)(b)(ii) of the Labour Relations Act, as section 210 of the LRA provides that the Act prevails in case of conflict. The applicants did not waive their rights by entering into short-term contracts, as these were concluded under duress to address the employer's operational needs. The Labour Court has jurisdiction to grant declaratory and interdictory relief to prevent an unfair dismissal before...

Citation
[2017] ZALCJHB 234
Parties
Applicant: Luvuyo Nowalaza; Applicant: Individuals listed in Annexure "A"; Respondent: Office of the Chief Justice; Respondent: Memme Sejosengwe N.O.
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
15 June 2017
Case Number
J1177/2017
Procedural Posture
Urgent Application / Final Determination of Urgent Application for Declaratory and Interdictory Relief
Outcome
Application granted. The applicants are declared permanent employees and the respondents are interdicted from proceeding with recruitment for their positions.
Judges
Coetzee
Legal Topics
Reasonable Expectation of Permanent Employment, Fixed Term Contracts, Public Service Act Application, Section 186 Lra, Interdictory Relief, Jurisdiction of Labour Court
Labour Law Civil Procedure Reasonable Expectation of Permanent Employment Fixed Term Contracts Public Service Act Application Section 186 Lra Interdictory Relief Jurisdiction of Labour Court

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Parties

Luvuyo Nowalaza

Applicant

Individuals listed in Annexure "A"

Applicant

Office of the Chief Justice

Respondent

Memme Sejosengwe N.O.

Respondent

Procedural Posture

Urgent Application / Final Determination of Urgent Application for Declaratory and Interdictory Relief

Legal Issues

  1. 1 Whether the applicants have a reasonable expectation of permanent employment under section 186(1)(b)(ii) of the Labour Relations Act.
  2. 2 Whether the Public Service Act and its regulations preclude a reasonable expectation of permanent employment without following the prescribed recruitment process.
  3. 3 Whether the Labour Court has jurisdiction to grant declaratory and interdictory relief prior to the expiry of the applicants' fixed term contracts.

Ratio Decidendi

The Court found that the applicants established a reasonable expectation of permanent employment based on the repeated renewal of fixed term contracts and the conduct of the Office of the Chief Justice. The Public Service Act and its regulations do not override the protection afforded by section 186(1)(b)(ii) of the Labour Relations Act, as section 210 of the LRA provides that the Act prevails in case of conflict. The applicants did not waive their rights by entering into short-term contracts, as these were concluded under duress to address the employer's operational needs. The Labour Court has jurisdiction to grant declaratory and interdictory relief to prevent an unfair dismissal before...

Court Disposition

Application granted. The applicants are declared permanent employees and the respondents are interdicted from proceeding with recruitment for their positions.

Orders

  • The forms and service provided for in the Labour Court Rules are dispensed with and the matter is treated as one of urgency in terms of Rule 8.
  • The applicants are declared permanent employees on the same terms and conditions of employment as were agreed between the applicants and the first respondent in the three month fixed term contracts of employment between the parties for the period 1 April 2017 to 30 June 2017.