South African Clothing and Textile Worker's Union and Another v CADEMA Industries (Pty) Ltd (C 277/05) [2008] ZALC 5; [2008] 8 BLLR 790 (LC); [2008] 8 BLLR 790 (LC) (24 January 2008)

South African Clothing and Textile Worker's Union and Another v CADEMA Industries (Pty) Ltd (C 277/05) [2008] ZALC 5; [2008] 8 BLLR 790 (LC); [2008] 8 BLLR 790 (LC) (24 January 2008)

The court found that the Second Applicant had a reasonable expectation that her fixed term contract would be renewed, based on the continuous renewals over 4.5 years, the lack of discussion regarding renewals, and her continued employment after the contract's expiry. The Respondent failed to provide substantive evidence of operational requirements at the relevant time and retained casual employees with less service than the Second Applicant. The selection criteria for retrenchment were unfair, as the Respondent did not consider offering the Second Applicant alternative positions. The Respondent also failed to consult with the union and the Second Applicant as required by section 189 of...

Citation
[2008] ZALC 5
Parties
Applicant: South African Clothing and Textile Worker's Union; Applicant: J Heynes; Respondent: Cadema Industries (Pty) Ltd
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
24 January 2008
Case Number
C 277/05
Procedural Posture
Labour Dismissal Application / Judgment After Trial
Outcome
The dismissal of the Second Applicant was both substantively and procedurally unfair. The Respondent is ordered to compensate the Second Applicant for six months' salary and to pay the applicants' costs.
Judges
Molahlehi
Legal Topics
Fixed Term Contracts, Reasonable Expectation, Procedural Fairness, Substantive Fairness, Retrenchment, Compensation for Unfair Dismissal
Labour Law Fixed Term Contracts Reasonable Expectation Procedural Fairness Substantive Fairness Retrenchment Compensation for Unfair Dismissal

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Parties

South African Clothing and Textile Worker's Union

Applicant

J Heynes

Applicant

Cadema Industries (Pty) Ltd

Respondent

Procedural Posture

Labour Dismissal Application / Judgment After Trial

Legal Issues

  1. 1 Whether the termination of the Second Applicant's employment constituted a dismissal under section 186(1)(b) of the LRA.
  2. 2 Whether the Second Applicant had a reasonable expectation of renewal of her fixed term contract.
  3. 3 Whether the dismissal was substantively and procedurally fair.

Ratio Decidendi

The court found that the Second Applicant had a reasonable expectation that her fixed term contract would be renewed, based on the continuous renewals over 4.5 years, the lack of discussion regarding renewals, and her continued employment after the contract's expiry. The Respondent failed to provide substantive evidence of operational requirements at the relevant time and retained casual employees with less service than the Second Applicant. The selection criteria for retrenchment were unfair, as the Respondent did not consider offering the Second Applicant alternative positions. The Respondent also failed to consult with the union and the Second Applicant as required by section 189 of...

Court Disposition

The dismissal of the Second Applicant was both substantively and procedurally unfair. The Respondent is ordered to compensate the Second Applicant for six months' salary and to pay the applicants' costs.

Orders

  • The late filing of the applicants' statement of case is condoned.
  • The dismissal of the Second Applicant was both substantively and procedurally unfair.