Spellman and Others v South African Local Government Bargaining Council and Others (PR115/17) [2019] ZALCPE 25 (20 December 2019)

Spellman and Others v South African Local Government Bargaining Council and Others (PR115/17) [2019] ZALCPE 25 (20 December 2019)

The court found that the arbitrator correctly applied the objective test for reasonable expectation of renewal of fixed term contracts as required by section 186(1)(b) of the Labour Relations Act. The arbitrator considered all relevant evidence, including the terms of the contracts, which expressly excluded any expectation of renewal or permanent appointment, and the applicants’ submissions regarding work and funding. The applicants failed to discharge the onus of proving that a reasonable expectation of renewal was created. The arbitrator’s decision that the bargaining council lacked jurisdiction was therefore correct, as no dismissal was established. The applicants’ reliance on factors...

Citation
[2019] ZALCPE 25
Parties
Applicant: Siphiwe Spellman; Applicant: Thozina Portial Kota; Applicant: Nozuko Tuswa; Respondent: South African Local Government Bargaining Council; Respondent: Naledi Burwana-Bisiwe – N.O; Respondent: Nelson Mandela Bay Municipality
Court
Labour Court Port Elizabeth
Jurisdiction
South Africa
Judgment Date
20 December 2019
Case Number
PR115/17
Procedural Posture
Review Application / Judgment on Review of Arbitration Award
Outcome
Application for review dismissed.
Judges
Lallie
Legal Topics
Unfair Dismissal, Fixed Term Contracts, Reasonable Expectation, Jurisdiction of Bargaining Council, Onus of Proof
Labour Law Unfair Dismissal Fixed Term Contracts Reasonable Expectation Jurisdiction of Bargaining Council Onus of Proof

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

Siphiwe Spellman

Applicant

Thozina Portial Kota

Applicant

Nozuko Tuswa

Applicant

South African Local Government Bargaining Council

Respondent

Naledi Burwana-Bisiwe – N.O

Respondent

Nelson Mandela Bay Municipality

Respondent

Procedural Posture

Review Application / Judgment on Review of Arbitration Award

Legal Issues

  1. 1 Whether the applicants were dismissed as envisaged in section 186(1)(b) of the Labour Relations Act.
  2. 2 Whether the bargaining council had jurisdiction to arbitrate the dispute.
  3. 3 Whether the arbitrator correctly applied the test for reasonable expectation of renewal of fixed term contracts.

Ratio Decidendi

The court found that the arbitrator correctly applied the objective test for reasonable expectation of renewal of fixed term contracts as required by section 186(1)(b) of the Labour Relations Act. The arbitrator considered all relevant evidence, including the terms of the contracts, which expressly excluded any expectation of renewal or permanent appointment, and the applicants’ submissions regarding work and funding. The applicants failed to discharge the onus of proving that a reasonable expectation of renewal was created. The arbitrator’s decision that the bargaining council lacked jurisdiction was therefore correct, as no dismissal was established. The applicants’ reliance on factors...

Court Disposition

Application for review dismissed.

Orders

  • The application for review is dismissed.