Peega v Commission For Conciliation Mediation And Arbitration and Others (JR677/2012) [2014] ZALCJHB 138 (29 April 2014)

Peega v Commission For Conciliation Mediation And Arbitration and Others (JR677/2012) [2014] ZALCJHB 138 (29 April 2014)

The court found that the applicant was employed on a fixed term contract which expired on 31 December 2011. There was no act by the employer constituting a dismissal, and the applicant failed to discharge the onus of proving dismissal. The applicant's allegations of promises of permanent employment were unsupported by evidence. The arbitrator's decision was reasonable and based on the facts presented. The applicant did not raise any reviewable grounds in his founding affidavit, and the court found no basis in law or fact to interfere with the arbitration award.

Citation
[2014] ZALCJHB 138
Parties
Applicant: Johannes Peega; Respondent: Commission For Conciliation Mediation And Arbitration; Respondent: Jabulani Jelmond Mashaba N.O.; Respondent: Multichoice (Pty) Ltd
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
29 April 2014
Case Number
JR677/2012
Procedural Posture
Review Application / Judgment on Review of Arbitration Award
Outcome
Application for review dismissed.
Judges
Visagie
Legal Topics
Fixed Term Contracts, Unfair Dismissal, Review of Arbitration Award, Onus of Proof
Labour Law Civil Procedure Fixed Term Contracts Unfair Dismissal Review of Arbitration Award Onus of Proof

Case Brief

Summary, issues, holding and outcome

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Parties

Johannes Peega

Applicant

Commission For Conciliation Mediation And Arbitration

Respondent

Jabulani Jelmond Mashaba N.O.

Respondent

Multichoice (Pty) Ltd

Respondent

Procedural Posture

Review Application / Judgment on Review of Arbitration Award

Legal Issues

  1. 1 Whether the applicant was dismissed or his fixed term contract simply expired.
  2. 2 Whether the arbitration award should be reviewed and set aside.
  3. 3 Whether the applicant discharged the onus to prove dismissal under section 192(1) of the Labour Relations Act.

Ratio Decidendi

The court found that the applicant was employed on a fixed term contract which expired on 31 December 2011. There was no act by the employer constituting a dismissal, and the applicant failed to discharge the onus of proving dismissal. The applicant's allegations of promises of permanent employment were unsupported by evidence. The arbitrator's decision was reasonable and based on the facts presented. The applicant did not raise any reviewable grounds in his founding affidavit, and the court found no basis in law or fact to interfere with the arbitration award.

Court Disposition

Application for review dismissed.

Orders

  • The applicant's application for review is dismissed.
  • There is no order as to costs.