Rukungira v Mqingwana NO and Others (JR22/16) [2018] ZALCJHB 167 (8 May 2018)

Rukungira v Mqingwana NO and Others (JR22/16) [2018] ZALCJHB 167 (8 May 2018)

The court found that the applicant was employed on a fixed-term contract which expired on 31 October 2015, as evidenced by the written agreement and the notification provided by the employer. The contract contained explicit clauses excluding any expectation of renewal or permanent employment. The applicant failed to discharge the onus of proving dismissal, relying on hearsay statements from a recruitment agent who was not called to testify. The commissioner’s jurisdictional ruling was correct in finding that no employment relationship existed after the expiry of the contract and that the CCMA lacked jurisdiction. The application for review and setting aside of the commissioner’s decision...

Citation
[2018] ZALCJHB 167
Parties
Applicant: Janot Rukungira; Respondent: Z Mqingwana N.O.; Respondent: The Commission for Conciliation, Mediation and Arbitration; Respondent: Eferton Services (Pty) Ltd
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
8 May 2018
Case Number
JR22/16
Procedural Posture
Review Application / Judgment on Review of CCMA Jurisdictional Ruling
Outcome
Application for review and setting aside of the commissioner’s decision is dismissed with costs.
Judges
MC Mamosebo
Legal Topics
Fixed Term Contracts, Jurisdiction of Ccma, Onus of Proof, Expectation of Renewal, Costs Award
Labour Law Civil Procedure Fixed Term Contracts Jurisdiction of Ccma Onus of Proof Expectation of Renewal Costs Award

Case Brief

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Parties

Janot Rukungira

Applicant

Z Mqingwana N.O.

Respondent

The Commission for Conciliation, Mediation and Arbitration

Respondent

Eferton Services (Pty) Ltd

Respondent

Procedural Posture

Review Application / Judgment on Review of CCMA Jurisdictional Ruling

Legal Issues

  1. 1 Whether the applicant was dismissed or his fixed-term contract simply expired.
  2. 2 Whether the applicant had a reasonable expectation of renewal of the fixed-term contract.
  3. 3 Whether the CCMA had jurisdiction to arbitrate the dispute.

Ratio Decidendi

The court found that the applicant was employed on a fixed-term contract which expired on 31 October 2015, as evidenced by the written agreement and the notification provided by the employer. The contract contained explicit clauses excluding any expectation of renewal or permanent employment. The applicant failed to discharge the onus of proving dismissal, relying on hearsay statements from a recruitment agent who was not called to testify. The commissioner’s jurisdictional ruling was correct in finding that no employment relationship existed after the expiry of the contract and that the CCMA lacked jurisdiction. The application for review and setting aside of the commissioner’s decision...

Court Disposition

Application for review and setting aside of the commissioner’s decision is dismissed with costs.

Orders

  • The application for the review and setting aside of the commissioner’s decision is dismissed with costs.