Uthukela District Municipality v Khoza and Others (D 735 / 2013) [2015] ZALCD 19 (20 March 2015)

Uthukela District Municipality v Khoza and Others (D 735 / 2013) [2015] ZALCD 19 (20 March 2015)

The court held that the termination of the first respondent's employment contract by the applicant constituted a dismissal as defined in section 186(1)(a) of the LRA, regardless of the applicant's belief in the contract's invalidity or the operation of law. The contract was validly concluded for a seven-year term, and neither the Municipal Systems Act nor the subsequent amendments required its premature termination. The applicant's reliance on circulars and legal opinions was misplaced, and the council's resolution to 'abolish' the contract amounted to unilateral termination, which is a dismissal. The applicant was not entitled to raise new grounds on review that were not before the...

Citation
[2015] ZALCD 19
Parties
Applicant: Uthukela District Municipality; Respondent: Bheki Hamilton Khoza; Respondent: South African Local Government Bargaining Council; Respondent: Arbitrator Mlungisi Sabela
Court
Labour Court Durban
Jurisdiction
South Africa
Judgment Date
20 March 2015
Case Number
D 735 / 2013
Procedural Posture
Review Application / Judgment on Review of Arbitration Award
Outcome
The applicant's review application is dismissed. The arbitration award is made an order of court. Costs are awarded against the applicant.
Judges
Snyman AJ
Legal Topics
Unfair Dismissal, Municipal Systems Act, Jurisdiction of Bargaining Council, Review of Arbitration Award, Employment Contract Termination
Labour Law Administrative Law Unfair Dismissal Municipal Systems Act Jurisdiction of Bargaining Council Review of Arbitration Award Employment Contract Termination

Case Brief

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Parties

Uthukela District Municipality

Applicant

Bheki Hamilton Khoza

Respondent

South African Local Government Bargaining Council

Respondent

Arbitrator Mlungisi Sabela

Respondent

Procedural Posture

Review Application / Judgment on Review of Arbitration Award

Legal Issues

  1. 1 Whether the termination of the first respondent's employment contract constituted a dismissal under section 186(1)(a) of the LRA.
  2. 2 Whether the bargaining council had jurisdiction to determine the dispute.
  3. 3 Whether the applicant's termination of the contract was lawful or amounted to unfair dismissal.

Ratio Decidendi

The court held that the termination of the first respondent's employment contract by the applicant constituted a dismissal as defined in section 186(1)(a) of the LRA, regardless of the applicant's belief in the contract's invalidity or the operation of law. The contract was validly concluded for a seven-year term, and neither the Municipal Systems Act nor the subsequent amendments required its premature termination. The applicant's reliance on circulars and legal opinions was misplaced, and the council's resolution to 'abolish' the contract amounted to unilateral termination, which is a dismissal. The applicant was not entitled to raise new grounds on review that were not before the...

Court Disposition

The applicant's review application is dismissed. The arbitration award is made an order of court. Costs are awarded against the applicant.

Orders

  • The applicant’s review application is dismissed.
  • The arbitration award under case number KPD061211 dated 13 July 2012 is made an order of court.