Prasad v Lebea and Others (J4015/99) [2000] ZALC 58 (29 June 2000)

Prasad v Lebea and Others (J4015/99) [2000] ZALC 58 (29 June 2000)

The court held that the applicant's contract was not automatically renewed upon expiry; instead, the position was re-advertised and filled through a competitive process in which the applicant was required to re-apply and be interviewed. The arbitrator correctly found that the legitimate expectation contemplated by section 186(b) of the Labour Relations Act applies only where there has been a previous renewal of a fixed term contract, which was not the case here. The applicant's belief that the review was an opportunity for a fresh hearing or appeal was misplaced, as the review process is limited to gross irregularity or misconduct. The arbitrator's findings were based on common cause...

Citation
[2000] ZALC 58
Parties
Applicant: A K Prasad; Respondent: Mohale Lebea; Respondent: University of Venda; Respondent: Commission for Conciliation, Mediation and Arbitration
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
29 June 2000
Case Number
J4015/99
Procedural Posture
Review Application / Judgment
Outcome
Application dismissed with costs.
Judges
Pillay
Legal Topics
Unfair Dismissal, Fixed Term Contracts, Legitimate Expectation, Review of Arbitration Award
Labour Law Civil Procedure Unfair Dismissal Fixed Term Contracts Legitimate Expectation Review of Arbitration Award

Case Brief

Summary, issues, holding and outcome

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Parties

A K Prasad

Applicant

Mohale Lebea

Respondent

University of Venda

Respondent

Commission for Conciliation, Mediation and Arbitration

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the applicant was unfairly dismissed in terms of section 186(b) of the Labour Relations Act.
  2. 2 Whether the applicant had a reasonable expectation of renewal of her fixed term contract.
  3. 3 Whether the arbitration award was reviewable under section 145 of the Labour Relations Act.

Ratio Decidendi

The court held that the applicant's contract was not automatically renewed upon expiry; instead, the position was re-advertised and filled through a competitive process in which the applicant was required to re-apply and be interviewed. The arbitrator correctly found that the legitimate expectation contemplated by section 186(b) of the Labour Relations Act applies only where there has been a previous renewal of a fixed term contract, which was not the case here. The applicant's belief that the review was an opportunity for a fresh hearing or appeal was misplaced, as the review process is limited to gross irregularity or misconduct. The arbitrator's findings were based on common cause...

Court Disposition

Application dismissed with costs.

Orders

  • The application to review and set aside the arbitration award is dismissed.
  • The applicant is ordered to pay the costs of the application.