Perumal and Others v Endumeni Municipality (D790/2013) [2014] ZALCD 34 (5 August 2014)

Perumal and Others v Endumeni Municipality (D790/2013) [2014] ZALCD 34 (5 August 2014)

The court found that the applicants' fixed term contracts expired by effluxion of time on 17 May 2013. The contracts expressly provided for the consequences of non-renewal, including the possibility of continued employment outside the ambit of section 57 of the Municipal Systems Act. However, such continued employment was subject to compliance with section 66, which requires that posts be part of the approved staff establishment and have specific job descriptions. The applicants failed to establish that their continued employment met these statutory requirements. As a result, any employment after the expiry of the fixed term contracts was null and void under section 66(4) of the Act. The...

Citation
[2014] ZALCD 34
Parties
Applicant: Sharmalan Perumal; Applicant: Ian Grisdale; Applicant: James Bartman Maltman; Respondent: Endumeni Municipality
Court
Labour Court Durban
Jurisdiction
South Africa
Judgment Date
5 August 2014
Case Number
D790/2013
Procedural Posture
Review Application / Judgment
Outcome
Both the applicants' application and the respondent's counter-application are dismissed. No order as to costs.
Judges
Gush
Legal Topics
Fixed Term Contracts, Municipal Systems Act, Unlawful Employment, Notice Pay, Staff Establishment Requirements
Labour Law Civil Procedure Fixed Term Contracts Municipal Systems Act Unlawful Employment Notice Pay Staff Establishment Requirements

Case Brief

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Parties

Sharmalan Perumal

Applicant

Ian Grisdale

Applicant

James Bartman Maltman

Applicant

Endumeni Municipality

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the applicants' fixed term contracts of employment terminated by effluxion of time.
  2. 2 Whether the non-renewal of the applicants' contracts constituted a breach entitling them to reinstatement or notice pay.
  3. 3 Whether the applicants' continued employment after expiry of the fixed term contracts was lawful under the Municipal Systems Act.

Ratio Decidendi

The court found that the applicants' fixed term contracts expired by effluxion of time on 17 May 2013. The contracts expressly provided for the consequences of non-renewal, including the possibility of continued employment outside the ambit of section 57 of the Municipal Systems Act. However, such continued employment was subject to compliance with section 66, which requires that posts be part of the approved staff establishment and have specific job descriptions. The applicants failed to establish that their continued employment met these statutory requirements. As a result, any employment after the expiry of the fixed term contracts was null and void under section 66(4) of the Act. The...

Court Disposition

Both the applicants' application and the respondent's counter-application are dismissed. No order as to costs.

Orders

  • The applicants' application is dismissed.
  • The respondent's counter-application is dismissed.