Van Jaarsveld and Others v Mangaung Local Municipality and Another (J 637/10) [2010] ZALC 288 (11 June 2010)

Van Jaarsveld and Others v Mangaung Local Municipality and Another (J 637/10) [2010] ZALC 288 (11 June 2010)

The court found that the respondents' unilateral re-assignment and re-designation of the applicants' positions constituted a variation of their employment contracts. The applicants did not consent to this variation, either expressly or by conduct, and the contracts required any variation to be in writing and signed by both parties. As no written consent was obtained and no signed agreement to the new terms existed, the purported variation was of no force or effect. The applicants established a clear right to relief, and the respondents were in breach of the employment contracts.

Citation
[2010] ZALC 288
Parties
Applicant: M Van Jaarsveld; Applicant: N J Masithela; Applicant: M J Moloyeni; Applicant: R R Naidoo; Applicant: T M M Mochochoko; Applicant: M F Mokgobu; Respondent: Mangaung Local Municipality; Respondent: The City Manager: Mangaung Local Municipality
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
11 June 2010
Case Number
J 637/10
Procedural Posture
Urgent Application / Final Order on Semi Urgent Application
Outcome
Application granted. The respondents' re-assignment and re-designation of the applicants' positions constituted a breach of contract. Respondents ordered to comply with the terms of the applicants' contracts and to pay costs.
Judges
Van Niekerk
Legal Topics
Variation of Employment Contract, Unilateral Change of Terms, Consent to Contractual Variation, Final Relief, Breach of Contract
Labour Law Civil Procedure Variation of Employment Contract Unilateral Change of Terms Consent to Contractual Variation Final Relief Breach of Contract

Case Brief

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Parties

M Van Jaarsveld

Applicant

N J Masithela

Applicant

M J Moloyeni

Applicant

R R Naidoo

Applicant

T M M Mochochoko

Applicant

M F Mokgobu

Applicant

Mangaung Local Municipality

Respondent

The City Manager: Mangaung Local Municipality

Respondent

Procedural Posture

Urgent Application / Final Order on Semi Urgent Application

Legal Issues

  1. 1 Whether the respondents' unilateral re-assignment and re-designation of the applicants' positions constituted a breach of their employment contracts.
  2. 2 Whether the applicants consented to the variation of their employment contracts.
  3. 3 Whether written consent was required for any variation of the employment contracts.

Ratio Decidendi

The court found that the respondents' unilateral re-assignment and re-designation of the applicants' positions constituted a variation of their employment contracts. The applicants did not consent to this variation, either expressly or by conduct, and the contracts required any variation to be in writing and signed by both parties. As no written consent was obtained and no signed agreement to the new terms existed, the purported variation was of no force or effect. The applicants established a clear right to relief, and the respondents were in breach of the employment contracts.

Court Disposition

Application granted. The respondents' re-assignment and re-designation of the applicants' positions constituted a breach of contract. Respondents ordered to comply with the terms of the applicants' contracts and to pay costs.

Orders

  • The re-assignment of the applicants' positions and the re-designation of their duties constitute a breach of the applicants' contracts of employment.
  • The respondents are ordered to comply with the terms of the applicants' contracts of employment.