South Africa Case Law

Bidvest Prestige Services (Pty) Ltd v Lebea NO and Others (JR1328/16)

Bidvest Prestige Services (Pty) Ltd v Lebea NO and Others (JR1328/16) [2020] ZALCJHB 211; (2021) 42 ILJ 377 (LC) (26 September 2020)

Court

Labour Court Johannesburg

Case number

JR1328/16

Judge

Tlhotlhalemaje

The Labour Court held that fixed-term contracts ended automatically when a client contract expired, so there was no dismissal, but section 198B(10) remuneration remained to be recalculated.

• Automatic Termination Clauses
• Fixed Term Contracts
• Severance Pay
• Section 198b Lra
• Jurisdiction Of Ccma
• Operational Requirements Dismissal

Piet Wes Civils CC and Another v Association of Mineworkers and Construction Union (AMCU) and Others (JA37/2017)

Piet Wes Civils CC and Another v Association of Mineworkers and Construction Union (AMCU) and Others (JA37/2017) [2018] ZALAC 18; [2018] 12 BLLR 1164 (LAC); (2019) 40 ILJ 130 (LAC) (10 March 2018)

Court

Labour Appeal Court

Case number

JA37/2017

Judges

Phatshoane, Musi, Savage

The Labour Appeal Court held that the employees’ contracts were indefinite, not valid fixed-term contracts, and upheld reinstatement pending fair consultation.

• Fixed Term Contracts
• Dismissal For Operational Requirements
• Section 189a Procedure
• Section 198b Compliance
• Reinstatement
• Automatic Termination Clauses

NUM obo Milisa and Others v WBHO Construction (Pty) Ltd (PS16/13)

NUM obo Milisa and Others v WBHO Construction (Pty) Ltd (PS16/13) [2016] ZALCPE 29; [2016] 6 BLLR 642 (LC) (15 March 2016)

Court

Labour Court Port Elizabeth

Case number

PS16/13

Judge

Lallie

The court found that the automatic termination clause in the applicants' contracts was invalid as it contravened the Labour Relations Act by permitting the employer to terminate employment at will. The respondent's termination of the applicants' contracts without notice constituted dismissal for operational requirements. The respondent failed to comply with the mandatory substantive and procedural requirements of section 189 of the Labour Relations Act, rendering the dismissals both substantively and procedurally unfair. The applicants were entitled to compensation, but the court determined t…

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• Unfair Dismissal
• Fixed Term Contracts
• Automatic Termination Clauses
• Operational Requirements
• Compensation For Unfair Dismissal
• Procedural Fairness

Mwelase and Others v Enforce Security Group and Others (D358/12)

Mwelase and Others v Enforce Security Group and Others (D358/12) [2015] ZALCD 46 (31 July 2015)

Court

Labour Court Durban

Case number

D358/12

Judge

Cele

The court found that the automatic termination clause in the applicants' contracts of employment was invalid as it unlawfully excluded the statutory protections against unfair dismissal provided by the Labour Relations Act and the Constitution. The public interest in protecting vulnerable employees, such as security officers, precludes the waiver of such rights. The third respondent committed a material error of law by failing to apply the relevant provisions of the LRA and by finding that the termination was not a dismissal. The termination constituted a dismissal for purposes of the LRA, an…

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• Automatic Termination Clauses
• Unfair Dismissal
• Severance Pay
• Section 189 Consultation
• Waiver Of Statutory Rights

SATAWU obo Dube and Others v Fidelity Supercare Cleaning Services Group (Pty) Ltd (JS879/10)

SATAWU obo Dube and Others v Fidelity Supercare Cleaning Services Group (Pty) Ltd (JS879/10) [2015] ZALCJHB 129; [2015] 8 BLLR 837 (LC); (2015) 36 ILJ 1923 (LC) (17 April 2015)

Court

Labour Court Johannesburg

Case number

JS879/10

Judge

Mosime

The Labour Court held that the employee was dismissed for operational requirements after a contract ended, but the dismissal was not procedurally unfair.

• Automatic Termination Clauses
• Operational Requirements Dismissal
• Section 189 Consultation
• Fixed Term Contracts
• Severance Pay
• Labour Relations Amendment

Mahlamu v Commission for Conciliation, Mediation and Arbitration and Others (JR 1702/ 09)

Mahlamu v Commission for Conciliation, Mediation and Arbitration and Others (JR 1702/ 09) [2010] ZALC 182; [2011] 4 BLLR 381 (LC); (2011) 32 ILJ 1122 (LC) (30 November 2010)

Court

Labour Court

Case number

JR 1702/ 09

Judge

Van Niekerk

The court held that the automatic termination clause in the applicant's employment contract, which allowed termination upon the client's decision that services were no longer required, constituted an unlawful contracting out of the statutory protection against unfair dismissal under the LRA. Such clauses are invalid under section 5 of the LRA unless expressly permitted by the Act, which was not the case here. The commissioner committed a material error of law by finding that there was no dismissal. The termination of the applicant's employment was therefore a dismissal for the purposes of the…

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• Automatic Termination Clauses
• Unfair Dismissal
• Section 5 Lra
• Fixed Term Contracts
• Operational Requirements
• Contracting Out Of Statutory Rights

Chillibush v Johnston and Other (JR 1234/08)

Chillibush v Johnston and Other (JR 1234/08) [2010] ZALC 3; (2010) 31 ILJ 1358 (LC) ; [2010] 6 BLLR 607 (LC) (26 January 2010)

Court

Labour Court

Case number

JR 1234/08

Judge

AC Basson

The Labour Court found that the respondent, Eric Miyeni, was both a director and an employee of the applicant, Chilli Bush Communications (Pty) Ltd. The evidence, including remuneration, payslips, and the shareholders agreement, supported the existence of an employment relationship. The Court held that company law provisions or shareholders agreements cannot override statutory protections against unfair dismissal under the Labour Relations Act. The automatic termination of employment upon removal as director, as argued by the applicant, was found to be impermissible and contrary to public pol…

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• Unfair Dismissal
• Employment Status
• Automatic Termination Clauses
• Dominant Impression Test
• Review Of Arbitration Award