Putini v South African Local Government Bargaining Council and Others (D1164/12) [2015] ZALCD 63 (15 October 2015)

Putini v South African Local Government Bargaining Council and Others (D1164/12) [2015] ZALCD 63 (15 October 2015)

The court found that the applicant's contract of employment was terminated by mutual agreement, as established by the evidence and the arbitrator's detailed award. The applicant was paid for the full duration of his fixed-term contract and received additional privileges, making reinstatement or further compensation...

Source-derived case information.

Citation
[2015] ZALCD 63
Parties
Applicant: Advocate Meyer Thabo Putini; Respondent: South African Local Government Bargaining Council; Respondent: Professor Karthy Govender N.O.; Respondent: Edumbe Municipality
Court
Labour Court Durban
Jurisdiction
South Africa
Judgment Date
15 October 2015
Case Number
D1164/12
Procedural Posture
Review Application / Judgment
Outcome
Review application dismissed with costs.
Judges
D M Farrell
Legal Topics
Termination of Employment, Fixed Term Contract, Non Variation Clause, Review of Arbitration Award
Labour Law Civil Procedure Termination of Employment Fixed Term Contract Non Variation Clause Review of Arbitration Award

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Parties

Advocate Meyer Thabo Putini

Applicant

South African Local Government Bargaining Council

Respondent

Professor Karthy Govender N.O.

Respondent

Edumbe Municipality

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Was the termination of the employment contract by agreement?
  2. 2 If not, was the termination for a fair reason and in accordance with a fair procedure?
  3. 3 Is the applicant entitled to compensation and legal costs?

Ratio Decidendi

The court found that the applicant's contract of employment was terminated by mutual agreement, as established by the evidence and the arbitrator's detailed award. The applicant was paid for the full duration of his fixed-term contract and received additional privileges, making reinstatement or further compensation unwarranted. The non-variation clause did not prevent the parties from agreeing to terminate the contract, and the arbitrator acted reasonably in applying relevant legal principles. The review application was dismissed as lacking merit, and the applicant was ordered to pay costs.

Court Disposition

Review application dismissed with costs.

Orders

  • The application for review is dismissed.
  • The applicant is to pay the third respondent's costs on a party and party scale.