Wyeth SA (Pty) Ltd v Manqele and Others (JA 50/03) [2005] ZALAC 1; (2005) 26 ILJ 749 (LAC); [2005] 6 BLLR 523 (LAC) (23 March 2005)

Wyeth SA (Pty) Ltd v Manqele and Others (JA 50/03) [2005] ZALAC 1; (2005) 26 ILJ 749 (LAC); [2005] 6 BLLR 523 (LAC) (23 March 2005)

The Labour Appeal Court held that a contract of employment was validly concluded between Wyeth SA (Pty) Ltd and Manqele when the written offer was accepted, and that the subsequent termination prior to commencement constituted a dismissal under the Labour Relations Act. The Court found that the statutory definition of 'employee' in section 213 of the LRA, when interpreted in light of constitutional values and the purpose of the Act, includes persons who have concluded contracts of employment even if they have not yet commenced work. The Court rejected a narrow, literal interpretation that would exclude such persons from protection, noting that this would lead to manifest absurdity,...

Citation
[2005] ZALAC 1
Parties
Appellant: Wyeth SA (Pty) Ltd; Respondent: T Manqele; Respondent: R Moletsane NO; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Security Retail Transport & Allied Workers Union of South Africa
Court
Labour Appeal Court
Jurisdiction
South Africa
Judgment Date
23 March 2005
Case Number
JA 50/03
Procedural Posture
Civil Appeal / Appeal From Labour Court Judgment Dismissing Review Application
Outcome
Appeal dismissed with costs.
Judges
NKABINDE AJA, NICHOLSON JA, PILLAY AJA
Legal Topics
Definition of Employee, Unfair Dismissal, Contract of Employment, Statutory Interpretation, Constitutional Right to Fair Labour Practice
Labour Law Definition of Employee Unfair Dismissal Contract of Employment Statutory Interpretation Constitutional Right to Fair Labour Practice

Case Brief

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Parties

Wyeth SA (Pty) Ltd

Appellant

T Manqele

Respondent

R Moletsane NO

Respondent

Commission for Conciliation, Mediation and Arbitration

Respondent

Security Retail Transport & Allied Workers Union of South Africa

Respondent

Procedural Posture

Civil Appeal / Appeal From Labour Court Judgment Dismissing Review Application

Legal Issues

  1. 1 Whether a contract of employment was concluded between the appellant and Manqele prior to the commencement date.
  2. 2 Whether Manqele qualifies as an 'employee' under section 213 of the Labour Relations Act when his contract was terminated before he commenced work.
  3. 3 Whether the Labour Relations Act and its protections apply to a person whose contract of employment is terminated before commencement of duties.

Ratio Decidendi

The Labour Appeal Court held that a contract of employment was validly concluded between Wyeth SA (Pty) Ltd and Manqele when the written offer was accepted, and that the subsequent termination prior to commencement constituted a dismissal under the Labour Relations Act. The Court found that the statutory definition of 'employee' in section 213 of the LRA, when interpreted in light of constitutional values and the purpose of the Act, includes persons who have concluded contracts of employment even if they have not yet commenced work. The Court rejected a narrow, literal interpretation that would exclude such persons from protection, noting that this would lead to manifest absurdity,...

Court Disposition

Appeal dismissed with costs.

Orders

  • The appeal is dismissed with costs.
  • Manqele is entitled to approach the CCMA for relief under the Labour Relations Act.