Quebar Electrical and Civil Engineering v Fortuin and Others (C20/2022) [2024] ZALCCT 34 (12 July 2024)

Quebar Electrical and Civil Engineering v Fortuin and Others (C20/2022) [2024] ZALCCT 34 (12 July 2024)

The court found that the commissioner erred in concluding that the employees had a reasonable expectation of renewal of their fixed term contracts until October 2021. The evidence showed that the contracts were extended on a month-to-month basis and were linked to the Garop Wind Farm project, which ended on 5 June 2021. The promises made to the employees related to future employment on different projects and did not create a reasonable expectation of renewal on the same or similar terms. However, the court determined that the employees' contracts were prematurely terminated on 28 May 2021, before the agreed expiry date of 31 May 2021, constituting a dismissal under section 186(1)(a) of...

Citation
[2024] ZALCCT 34
Parties
Applicant: Quebar Electrical and Civil Engineering; Respondent: Roderick Ronald Fortuin; Respondent: Johannes Scott; Respondent: David Petersen N.O.; Respondent: Commission for Conciliation Mediation and Arbitration
Court
Labour Court Cape Town
Jurisdiction
South Africa
Judgment Date
12 July 2024
Case Number
C20/2022
Procedural Posture
Review Application / Judgment on Review of Arbitration Award
Outcome
The arbitration award is reviewed, corrected, and set aside. The employees are found to have been unfairly dismissed and are awarded one month's compensation each.
Judges
C de Kock
Legal Topics
Fixed Term Contracts, Unfair Dismissal, Reasonable Expectation, Compensation for Unfair Dismissal, Review of Arbitration Award
Labour Law Civil Procedure Fixed Term Contracts Unfair Dismissal Reasonable Expectation Compensation for Unfair Dismissal Review of Arbitration Award

Case Brief

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Parties

Quebar Electrical and Civil Engineering

Applicant

Roderick Ronald Fortuin

Respondent

Johannes Scott

Respondent

David Petersen N.O.

Respondent

Commission for Conciliation Mediation and Arbitration

Respondent

Procedural Posture

Review Application / Judgment on Review of Arbitration Award

Legal Issues

  1. 1 Whether the employees were dismissed within the meaning of section 186(1)(b)(i) of the LRA.
  2. 2 Whether the employees had a reasonable expectation of renewal of their fixed term contracts.
  3. 3 Whether the dismissals were procedurally and substantively unfair.

Ratio Decidendi

The court found that the commissioner erred in concluding that the employees had a reasonable expectation of renewal of their fixed term contracts until October 2021. The evidence showed that the contracts were extended on a month-to-month basis and were linked to the Garop Wind Farm project, which ended on 5 June 2021. The promises made to the employees related to future employment on different projects and did not create a reasonable expectation of renewal on the same or similar terms. However, the court determined that the employees' contracts were prematurely terminated on 28 May 2021, before the agreed expiry date of 31 May 2021, constituting a dismissal under section 186(1)(a) of...

Court Disposition

The arbitration award is reviewed, corrected, and set aside. The employees are found to have been unfairly dismissed and are awarded one month's compensation each.

Orders

  • The arbitration award is reviewed and set aside and replaced with the following order:
  • The employees discharged the onus to prove that they were dismissed on 28 May 2021.