Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
Results update automatically as you type.
South Africa decisions
Decisions matching the current search
BIFAWU obo Ndhlovu v Commission for Conciliation Mediation and Arbitration and Others (JR 1432/21) [2022] ZALCJHB 287 (20 October 2022)
The Labour Court held that a WhatsApp message did not prove dismissal and dismissed a review of a CCMA jurisdictional ruling.
Solidarity obo Swart v Kusile Civil Works Joint Venture and Others (JR1351/19) [2022] ZALCJHB 183 (7 July 2022)
Labour Court review of an arbitration award on whether a fixed-term contract ended ex contractu or by dismissal. The court upheld the award and dismissed the review.
Ukweza Holdings (Pty) Ltd v Nyondo and Others (PA2/19) [2020] ZALAC 7; [2020] 6 BLLR 544 (LAC); (2020) 41 ILJ 1354 (LAC) (4 March 2020)
The Labour Appeal Court held that a fixed-term contract ending by effluxion of time was not a dismissal, so the CCMA lacked jurisdiction.
Mwepu v Commission for Conciliation, Mediation and Arbitration and Others (JR924/18) [2020] ZALCJHB 51 (26 February 2020)
Labour Court review of a CCMA award was dismissed after the court found the applicant failed to prove dismissal under the Labour Relations Act.
Mabizela v Commission for Conciliation Mediation and Arbitration and Others (JR2602/17) [2019] ZALCJHB 339 (29 November 2019)
The court found that the applicant was an independent contractor for ten years before entering into a fixed term employment contract, which expressly excluded any expectation of renewal or permanency. The applicant failed to establish, on an objective assessment of the facts, that a reasonable expectation of renewal existed. Verbal statements and training attendance did not create such expectation, and the memorandum cited was inconsistent with the applicant's acceptance of a fixed term contract. The contract terminated automatically by effluxion of time, and no dismissal occurred as defined…
Source excerpt
Rademeyer v Aveng Mining Ltd and Others (JR322/15) [2017] ZALCJHB 257 (28 June 2017)
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
Nogcantsi v Mnquma Local Municipality and Others (PA07/15) [2016] ZALAC 54; (2017) 38 ILJ 595 (LAC); [2017] 4 BLLR 358 (LAC) (22 November 2016)
The court held that the appellant's employment was terminated by operation of the automatic termination clause in his contract, which was triggered by an objectively negative vetting outcome provided by the SAPS. This termination was not the result of any deliberate act or decision by the employer aimed at ending the employment relationship, but rather the fulfilment of a contractual condition to which the appellant had freely agreed. The clause did not deprive the appellant of rights under the LRA, nor did it constitute an impermissible attempt to contract out of statutory protections agains…
Source excerpt
Tadyn Trading CC t/a Tadyn Consulting Services v Steiner and Others (JR848/13) [2016] ZALCJHB 42 (8 February 2016)
The Labour Court set aside a CCMA award, finding no dismissal had occurred where a fixed-term placement ended and the employee did not tender further services.
Mnguti v Commission for Conciliation, Mediation and Arbitration and Others (JR 349/12) [2015] ZALCJHB 277; (2015) 36 ILJ 3111 (LC) (28 August 2015)
The court held that the applicant failed to discharge the onus of proving dismissal. The evidence established that the applicant verbally resigned on 31 August 2011, communicated his intention to leave employment, and acted unilaterally and finally in terminating the employment relationship. The employer's conduct in accepting the resignation and processing the exit was consistent with a resignation, not a dismissal. The applicant's contradictory testimony and subsequent conduct, including completing pension withdrawal forms, further supported the finding of resignation. The Labour Court, app…
Source excerpt
Leondale Security Services CC v Commissioner for Conciliation, Mediation And Arbitration and Others (JR1641/13) [2015] ZALCJHB 220 (27 July 2015)
The court found that the third respondent was employed on a fixed-term contract, which was signed and understood by him. The evidence did not support the claim that the contract was signed in blank or that the termination was a dismissal. The applicant's version was accepted based on the credibility of witnesses and the probabilities. The contract ended by effluxion of time, and therefore, there was no dismissal. As a result, the CCMA lacked jurisdiction to determine the dispute, and the arbitration award was reviewed and set aside.
Source excerpt
Explore more
