Piet Wes Civils CC and Another v Association of Mineworkers and Construction Union (AMCU) and Others (JA37/2017) [2018] ZALAC 18; [2018] 12 BLLR 1164 (LAC); (2019) 40 ILJ 130 (LAC) (10 March 2018)

Piet Wes Civils CC and Another v Association of Mineworkers and Construction Union (AMCU) and Others (JA37/2017) [2018] ZALAC 18; [2018] 12 BLLR 1164 (LAC); (2019) 40 ILJ 130 (LAC) (10 March 2018)

The Labour Appeal Court held that the employment contracts in question were not valid fixed-term contracts as defined by section 198B of the Labour Relations Act. Many employees did not have written contracts, and those that did contained clauses linking duration to the supply of work contracts by clients, which does not constitute a specified event, completion of a task, or fixed date as required by section 198B(1). The contracts were therefore of indefinite duration. The appellants failed to comply with the procedural requirements for dismissal for operational requirements under section 189A. The Labour Court was correct in ordering reinstatement of the employees pending proper...

Citation
[2018] ZALAC 18
Parties
Appellant: Piet Wes Civils CC; Appellant: Waterkloof Skoonmaakdienste CC; Respondent: Association of Mineworkers and Construction Union (AMCU); Respondent: Members of AMCU
Court
Labour Appeal Court
Jurisdiction
South Africa
Judgment Date
10 March 2018
Case Number
JA37/2017
Procedural Posture
Civil Appeal / Appeal From Labour Court Judgment and Order
Outcome
Appeal dismissed with costs. Labour Court order upheld.
Judges
Phatshoane, Musi, Savage
Legal Topics
Fixed Term Contracts, Dismissal for Operational Requirements, Section 189a Procedure, Section 198b Compliance, Reinstatement, Automatic Termination Clauses
Labour Law Civil Procedure Fixed Term Contracts Dismissal for Operational Requirements Section 189a Procedure Section 198b Compliance Reinstatement Automatic Termination Clauses

Case Brief

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Parties

Piet Wes Civils CC

Appellant

Waterkloof Skoonmaakdienste CC

Appellant

Association of Mineworkers and Construction Union (AMCU)

Respondent

Members of AMCU

Respondent

Procedural Posture

Civil Appeal / Appeal From Labour Court Judgment and Order

Legal Issues

  1. 1 Whether the employment contracts were valid fixed-term contracts or contracts of indefinite duration.
  2. 2 Whether the termination of the contracts complied with section 198B of the Labour Relations Act.
  3. 3 Whether the dismissals for operational requirements followed a fair procedure as required by section 189A.

Ratio Decidendi

The Labour Appeal Court held that the employment contracts in question were not valid fixed-term contracts as defined by section 198B of the Labour Relations Act. Many employees did not have written contracts, and those that did contained clauses linking duration to the supply of work contracts by clients, which does not constitute a specified event, completion of a task, or fixed date as required by section 198B(1). The contracts were therefore of indefinite duration. The appellants failed to comply with the procedural requirements for dismissal for operational requirements under section 189A. The Labour Court was correct in ordering reinstatement of the employees pending proper...

Court Disposition

Appeal dismissed with costs. Labour Court order upheld.

Orders

  • The appeal is dismissed with costs.