Serongwa v University of Johannesburg (JS737/12) [2016] ZALCJHB 82 (4 March 2016)

Serongwa v University of Johannesburg (JS737/12) [2016] ZALCJHB 82 (4 March 2016)

The court found that the applicant's employment terminated by operation of her fixed-term contract on 30 November 2011, not by dismissal. The letter of 8 December 2011 purporting to dismiss the applicant was issued after the employment relationship had ended and therefore had no legal effect. The applicant did not plead or establish a reasonable expectation of renewal under section 186 of the LRA, nor did she provide evidence as to when she expected the contract to be renewed. Consequently, the applicant failed to make out a prima facie case of dismissal, and absolution from the instance was granted.

Citation
[2016] ZALCJHB 82
Parties
Applicant: Mapula Irene Serongwa; Respondent: University of Johannesburg
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
4 March 2016
Case Number
JS737/12
Procedural Posture
Trial Civil / Absolution From the Instance After Applicant's Evidence
Outcome
Absolution from the instance granted; no order as to costs.
Judges
Lagrange
Legal Topics
Automatically Unfair Dismissal, Fixed Term Contracts, Reasonable Expectation of Renewal, Absolution From Instance, Racial Discrimination
Labour Law Automatically Unfair Dismissal Fixed Term Contracts Reasonable Expectation of Renewal Absolution From Instance Racial Discrimination

Case Brief

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Parties

Mapula Irene Serongwa

Applicant

University of Johannesburg

Respondent

Procedural Posture

Trial Civil / Absolution From the Instance After Applicant's Evidence

Legal Issues

  1. 1 Whether the applicant was dismissed or her contract simply expired.
  2. 2 Whether the applicant established a prima facie case of dismissal under section 186 of the LRA.
  3. 3 Whether the letter of 8 December 2011 constituted a dismissal.

Ratio Decidendi

The court found that the applicant's employment terminated by operation of her fixed-term contract on 30 November 2011, not by dismissal. The letter of 8 December 2011 purporting to dismiss the applicant was issued after the employment relationship had ended and therefore had no legal effect. The applicant did not plead or establish a reasonable expectation of renewal under section 186 of the LRA, nor did she provide evidence as to when she expected the contract to be renewed. Consequently, the applicant failed to make out a prima facie case of dismissal, and absolution from the instance was granted.

Court Disposition

Absolution from the instance granted; no order as to costs.

Orders

  • Absolution from the instance is granted on the basis that the applicant failed to make out a prima facie case she was dismissed.
  • No order is made as to costs.