Sedumedi v Sefako Makgatho Health Sciences University (J502/2022) [2025] ZALCJHB 142; (2025) 46 ILJ 2015 (LC) (4 April 2025)

Sedumedi v Sefako Makgatho Health Sciences University (J502/2022) [2025] ZALCJHB 142; (2025) 46 ILJ 2015 (LC) (4 April 2025)

The court found that the applicant's fixed-term contract did not grant the University the right to terminate on notice for operational reasons prior to its natural end date. The Appointment Letter did not clearly and unequivocally incorporate the Termination Policy as a contractual term, nor did the applicant assent to its contents. The Termination Policy itself did not purport to amend the written contract or introduce a termination-on-notice clause for fixed-term contracts. The University, as drafter, failed to speak plainly if such a right was intended. The applicant was entitled to damages for the unexpired portion of his contract, less severance and leave pay received, and less any...

Citation
[2025] ZALCJHB 142
Parties
Applicant: David Sedumedi; Respondent: Sefako Makgatho Health Sciences University
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
4 April 2025
Case Number
J502/2022
Procedural Posture
Contractual Claim / Trial Judgment
Outcome
Judgment for the applicant. The respondent is ordered to pay damages and costs, subject to apportionment for the third day of evidence.
Judges
M Meyerowitz
Legal Topics
Fixed Term Contract, Premature Termination, Contractual Interpretation, Mitigation of Loss, Incorporation by Reference
Labour Law Civil Procedure Fixed Term Contract Premature Termination Contractual Interpretation Mitigation of Loss Incorporation by Reference

Case Brief

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Parties

David Sedumedi

Applicant

Sefako Makgatho Health Sciences University

Respondent

Procedural Posture

Contractual Claim / Trial Judgment

Legal Issues

  1. 1 Whether the employer was contractually entitled to terminate the applicant's fixed-term contract on notice for operational reasons prior to its natural end date.
  2. 2 Whether the University's Human Resources Policies and Procedures, specifically the Termination Policy, were incorporated as contractual terms into the applicant's employment contract.
  3. 3 What quantum of damages is due to the applicant for premature termination, considering mitigation of loss.

Ratio Decidendi

The court found that the applicant's fixed-term contract did not grant the University the right to terminate on notice for operational reasons prior to its natural end date. The Appointment Letter did not clearly and unequivocally incorporate the Termination Policy as a contractual term, nor did the applicant assent to its contents. The Termination Policy itself did not purport to amend the written contract or introduce a termination-on-notice clause for fixed-term contracts. The University, as drafter, failed to speak plainly if such a right was intended. The applicant was entitled to damages for the unexpired portion of his contract, less severance and leave pay received, and less any...

Court Disposition

Judgment for the applicant. The respondent is ordered to pay damages and costs, subject to apportionment for the third day of evidence.

Orders

  • The respondent is ordered to pay the applicant R2,063,472.42 plus interest at 7.25% per annum a tempore morae.
  • The respondent is ordered to pay the applicant's costs of suit, except for costs incurred regarding the hearing of evidence on 15 April 2024.