South Africa Case Law

South African Municipal Workers Union obo Mgcineni v South African Local Government Bargaining Council ands Others (JR749/22)

South African Municipal Workers Union obo Mgcineni v South African Local Government Bargaining Council ands Others (JR749/22) [2024] ZALCJHB 370 (27 September 2024)

Court

Labour Court Johannesburg

Case number

JR749/22

Judge

Daniels

Leave to appeal was dismissed in a Labour Court review matter concerning a municipal employee who was elected as a councillor and deemed to have resigned.

• Automatic Termination
• Municipal Staff Regulations
• Leave To Appeal
• Constitutional Challenge
• Candidate Withdrawal
• Leave-to-appeal

Khum MK Investments and Bie Joint Venture (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (JA52/2018)

Khum MK Investments and Bie Joint Venture (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (JA52/2018) [2020] ZALAC 1; [2020] 4 BLLR 362 (LAC); (2020) 41 ILJ 1129 (LAC) (6 January 2020)

Court

Labour Appeal Court

Case number

JA52/2018

Judges

Murphy, Waglay, Sutherland

The Labour Appeal Court held that the employees were dismissed: the contract did not allow automatic termination when Eskom cancelled task orders.

• Automatic Termination
• Fixed Term Contracts
• Unfair Dismissal
• Tacit Terms
• Contract Interpretation
• Automatic-termination

Gwam Properties CC v Minister of Trade and Industry (36801/2014)

Gwam Properties CC v Minister of Trade and Industry (36801/2014) [2017] ZAGPPHC 631 (29 September 2017)

Court

North Gauteng High Court, Pretoria

Case number

36801/2014

Judge

T Brenner

The court held that a late SMEDP claim was unenforceable, but the contract did not automatically terminate because only one of the first two claims was late.

• Contractual Variation
• Automatic Termination
• Enforceability Of Claims
• Service Of Notice
• Contractual-variation
• Automatic-termination

Rademeyer v Aveng Mining Ltd and Others (JR322/15)

Rademeyer v Aveng Mining Ltd and Others (JR322/15) [2017] ZALCJHB 257 (28 June 2017)

Court

Labour Court Johannesburg

Case number

JR322/15

Judge

S Snyman

The Labour Court held that the applicant was employed on a fixed term contract linked to the completion of the Thubelisha project, with clear terms excluding any expectation of permanent employment. The contract automatically terminated upon completion of the project, and the April 2014 notice was consistent with the contract's terms. There was no evidence of a November 2013 termination notice or a binding promise of permanent employment. The applicant did not plead or prove a reasonable expectation of renewal under Section 186(1)(b), nor did he establish a case for estoppel. The arbitrator's…

Source excerpt

• Fixed Term Contracts
• Dismissal Definition
• Reasonable Expectation
• Jurisdiction Of Ccma
• Review Test
• Automatic Termination

Vusa-Isizwe Security (Pty) Ltd v Rampai NO and Others (JR2615/13)

Vusa-Isizwe Security (Pty) Ltd v Rampai NO and Others (JR2615/13) [2017] ZALCJHB 149 (4 April 2017)

Court

Labour Court Johannesburg

Case number

JR 2615/13

Judge

Barnes

The Labour Court upheld an unfair dismissal finding but set aside reinstatement, holding it was not reasonably practicable and remitting relief to the CCMA.

• Ccma Jurisdiction
• Automatic Termination
• Unfair Dismissal
• Reinstatement
• Compensation
• Review Of Arbitration Award

Tresso Trading 578 (Pty) Ltd t/a Wisani Petroleum v Verhoef NO and Others (JR1347/12)

Tresso Trading 578 (Pty) Ltd t/a Wisani Petroleum v Verhoef NO and Others (JR1347/12) [2015] ZALCJHB 299 (8 September 2015)

Court

Labour Court Johannesburg

Case number

JR1347/12

Judge

Van Niekerk

The court held that the arbitrator correctly found the third respondent was dismissed for purposes of the LRA, and that the employer could not rely on a contractual automatic termination clause to avoid statutory obligations of fairness. The applicant failed to plead its case on the proper basis and did not establish that the arbitrator's decision was incorrect. The court found no unreasonableness in the arbitrator's award of compensation, as relevant factors were considered, including the third respondent's circumstances and period of unemployment. The review application was dismissed as the…

Source excerpt

• Unfair Dismissal
• Automatic Termination
• Contractual Terms Vs Statutory Protection
• Jurisdiction Of Ccma
• Review Of Arbitration Award

Department of Home Affairs (Limpopo) v General Public Service Sector Bargaining Council and Others (JR1576/14)

Department of Home Affairs (Limpopo) v General Public Service Sector Bargaining Council and Others (JR1576/14) [2015] ZALCJHB 464 (4 June 2015)

Court

Labour Court Johannesburg

Case number

JR1576/14

Judge

R Lagrange

Review of an arbitration award over dismissal for unauthorised absence. The Labour Court held the award irrational and found the dismissal fair.

• Dismissal For Unauthorised Absence
• Public Service Act Section 17
• Substantive Fairness
• Automatic Termination
• Arbitration Review
• Dismissal-for-unauthorised-absence

Department of Home Affairs (Limpopo) v General Public Service Sector Bargaining Council and Others (JR1576/14)

Department of Home Affairs (Limpopo) v General Public Service Sector Bargaining Council and Others (JR1576/14) [2015] ZALC 2 (4 June 2015)

Court

Labour Court

Case number

JR1576/14

Judge

Lagrange

The Labour Court reviewed aside an arbitration award finding a dismissal unfair, holding that the employee’s continued absence was not justified and the dismissal was fair.

• Dismissal For Unauthorised Absence
• Automatic Termination
• Public Service Act
• Arbitration Review
• Dismissal-for-unauthorised-absence
• Automatic-termination

Workforce Group v Commission for Conciliation, Mediation and Arbitration and Others (JR3088/11)

Workforce Group v Commission for Conciliation, Mediation and Arbitration and Others (JR3088/11) [2015] ZALCJHB 62 (27 February 2015)

Court

Labour Court Johannesburg

Case number

JR3088/11

Judge

Ralefatane

Labour Court review set aside a CCMA award for ignoring material facts, failing to give reasons, and misreading the fixed-term employment dispute.

• Review Of Arbitration Award
• Unfair Dismissal
• Fixed Term Contracts
• Automatic Termination
• Notice Periods
• Employment Relationship

Kusokhanya Electrical Construction CC v Hlatswayo NO and Others (JR 875/2012)

Kusokhanya Electrical Construction CC v Hlatswayo NO and Others (JR 875/2012) [2013] ZALCJHB 227 (16 September 2013)

Court

Labour Court Johannesburg

Case number

JR 875/2012

Judge

Snyman

The applicant failed to provide a compelling explanation for the four-month delay in filing its review application, demonstrating remiss and negligent conduct by not actively monitoring its litigation. The explanation was vague, unsupported, and lacked identification of responsible individuals. The applicant did not show any miscarriage of justice or genuine prejudice if condonation was refused. On the merits, the fixed term contracts were poorly defined and did not specify phases or objective completion criteria. The project was not completed at the time of termination, and the employer's co…

Source excerpt

• Condonation
• Fixed Term Contracts
• Automatic Termination
• Parole Evidence Rule
• Unfair Dismissal
• Jurisdictional Review