Tefo v Sekhabisa NO and Others (JR2499/12) [2014] ZALCJHB 306 (12 August 2014)

Tefo v Sekhabisa NO and Others (JR2499/12) [2014] ZALCJHB 306 (12 August 2014)

The court found that the applicant failed to establish a reasonable expectation that his fixed term contract would be renewed. The contract contained a clear clause disclaiming any expectation of renewal or permanent employment, and the applicant acknowledged his understanding of this clause. There was no evidence of any express or implied assurance from the employer regarding renewal. The grounds for review were unsubstantiated and lacked merit. Given the absence of prospects of success in the review application, the court held that there was no point in granting condonation for the late filing. The application for condonation was therefore dismissed with costs awarded against the...

Citation
[2014] ZALCJHB 306
Parties
Applicant: Malose Keith Tefo; Respondent: Thabo Sekhabisa N.O.; Respondent: South African Local Government Bargaining Council; Respondent: City of Tshwane
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
12 August 2014
Case Number
JR2499/12
Procedural Posture
Review Application / Application for Condonation for Late Filing of Review Application
Outcome
Application for condonation for late filing of review application dismissed with costs.
Judges
Barnes
Legal Topics
Fixed Term Contracts, Reasonable Expectation of Renewal, Dismissal, Condonation, Arbitration Review
Labour Law Fixed Term Contracts Reasonable Expectation of Renewal Dismissal Condonation Arbitration Review

Case Brief

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Parties

Malose Keith Tefo

Applicant

Thabo Sekhabisa N.O.

Respondent

South African Local Government Bargaining Council

Respondent

City of Tshwane

Respondent

Procedural Posture

Review Application / Application for Condonation for Late Filing of Review Application

Legal Issues

  1. 1 Whether the applicant had a reasonable expectation that his fixed term contract would be renewed.
  2. 2 Whether the failure to renew the applicant's contract constituted a dismissal under section 186(1)(b) of the Labour Relations Act.
  3. 3 Whether condonation for the late filing of the review application should be granted.

Ratio Decidendi

The court found that the applicant failed to establish a reasonable expectation that his fixed term contract would be renewed. The contract contained a clear clause disclaiming any expectation of renewal or permanent employment, and the applicant acknowledged his understanding of this clause. There was no evidence of any express or implied assurance from the employer regarding renewal. The grounds for review were unsubstantiated and lacked merit. Given the absence of prospects of success in the review application, the court held that there was no point in granting condonation for the late filing. The application for condonation was therefore dismissed with costs awarded against the...

Court Disposition

Application for condonation for late filing of review application dismissed with costs.

Orders

  • The applicant's application for condonation for the late filing of its review application is dismissed.
  • The applicant is to pay the third respondent's costs.