Trans Caledon Tunnel Authority SOC Limited v Bleeker and Others (JR1249/16) [2018] ZALCJHB 261 (15 August 2018)

Trans Caledon Tunnel Authority SOC Limited v Bleeker and Others (JR1249/16) [2018] ZALCJHB 261 (15 August 2018)

The court held that Ms Bleeker had established a reasonable expectation that her fixed-term contract would be renewed, based on the employer's practice and her long-standing employment. The applicant failed to lead evidence to justify the non-renewal, and the adverse inference drawn by the commissioner was...

Source-derived case information.

Citation
[2018] ZALCJHB 261
Parties
Applicant: Trans Caledon Tunnel Authority SOC Limited; Respondent: Carina Bleeker; Respondent: Ronel De Wet; Respondent: Commission for Conciliation Mediation and Arbitration
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
15 August 2018
Case Number
JR1249/16
Procedural Posture
Review Application / Judgment
Outcome
The review application is dismissed with costs.
Judges
P Nkutha-Nkontwana
Legal Topics
Fixed Term Contracts, Reasonable Expectation of Renewal, Unfair Dismissal, Performance Bonus, Arbitration Review
Labour Law Civil Procedure Fixed Term Contracts Reasonable Expectation of Renewal Unfair Dismissal Performance Bonus Arbitration Review

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Summary, issues, holding and outcome

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Parties

Trans Caledon Tunnel Authority SOC Limited

Applicant

Carina Bleeker

Respondent

Ronel De Wet

Respondent

Commission for Conciliation Mediation and Arbitration

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the applicant's failure to renew the first respondent's fixed-term contract constituted a dismissal under section 186(1)(b) of the LRA.
  2. 2 Whether the decision not to pay the first respondent her performance bonus constituted an unfair labour practice under section 186(2)(a) of the LRA.
  3. 3 Whether the commissioner committed reviewable irregularities in her conduct and reasoning.

Ratio Decidendi

The court held that Ms Bleeker had established a reasonable expectation that her fixed-term contract would be renewed, based on the employer's practice and her long-standing employment. The applicant failed to lead evidence to justify the non-renewal, and the adverse inference drawn by the commissioner was warranted. The moderation of Ms Bleeker's performance score and the denial of her bonus were arbitrary and capricious, as she was not afforded an opportunity to challenge the decision or given prior notice of the criteria applied. The commissioner did not display bias and properly exercised her discretion. The arbitration award was reasonable and fell within the bounds of...

Court Disposition

The review application is dismissed with costs.

Orders

  • The review application is dismissed with costs.