South Africa Case Law

Letsoalo v Road Accident Fund and Another (086260/2025)

Letsoalo v Road Accident Fund and Another (086260/2025) [2025] ZAGPPHC 663 (26 June 2025)

Court

North Gauteng High Court, Pretoria

Case number

086260/2025

Judge

GN Moshoana

The court found that the Board's decision to suspend the applicant was a lawful exercise of contractual power under clause 21 of the fixed term contract, not an administrative action subject to PAJA or constitutional reasonableness. The Disciplinary Policy did not apply to the applicant's suspension, as his conditions of employment were determined by the Board and not by policies he approved as CEO. The applicant failed to establish a prima facie right to re-appointment or any imminent irreparable harm, rendering the application for interim interdict unsustainable. The authority of the respon…

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• Precautionary Suspension
• Fixed Term Contract
• Authority To Act
• Interim Interdict
• Costs Order
• Unlawful Suspension

Sedumedi v Sefako Makgatho Health Sciences University (J502/2022)

Sedumedi v Sefako Makgatho Health Sciences University (J502/2022) [2025] ZALCJHB 142; (2025) 46 ILJ 2015 (LC) (4 April 2025)

Court

Labour Court Johannesburg

Case number

J502/2022

Judge

M Meyerowitz

The court found that the applicant's fixed-term contract did not grant the University the right to terminate on notice for operational reasons prior to its natural end date. The Appointment Letter did not clearly and unequivocally incorporate the Termination Policy as a contractual term, nor did the applicant assent to its contents. The Termination Policy itself did not purport to amend the written contract or introduce a termination-on-notice clause for fixed-term contracts. The University, as drafter, failed to speak plainly if such a right was intended. The applicant was entitled to damage…

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• Fixed Term Contract
• Premature Termination
• Contractual Interpretation
• Mitigation Of Loss
• Incorporation By Reference

Ngobeni v Bidvest Protea Coin (JS439/22)

Ngobeni v Bidvest Protea Coin (JS439/22) [2025] ZALCJHB 203 (27 March 2025)

Court

Labour Court Johannesburg

Case number

JS439/22

Judge

Daniels

The court found that the automatic termination clause in the applicant's employment contract was designed to limit the applicant's right to challenge the fairness of his termination and to avoid the operational requirements consultation process mandated by the Labour Relations Act. The clause allowed a third party, not privy to the employment relationship, to trigger termination, which is not a true fixed term event but an operational risk. The respondent failed to discharge the burden of proving that the clause did not impermissibly limit the right against unfair dismissal. Consequently, the…

Source excerpt

• Automatic Termination Clause
• Unfair Dismissal
• Fixed Term Contract
• Jurisdiction
• Section 187 Lra

Fempower Personnel (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (JR742/2024)

Fempower Personnel (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (JR742/2024) [2025] ZALCJHB 20 (8 January 2025)

Court

Labour Court Johannesburg

Case number

JR742/2024

Judge

T Mphahlane

The court found that the Commissioner did not commit a gross irregularity in relying on the Employee's direct evidence regarding inconsistency, as it was uncontested and not hearsay. The Commissioner correctly applied the legal principles regarding the employer's onus to rebut credible allegations of inconsistency. However, the Commissioner erred in awarding six months' compensation without considering the fixed-term nature of the Employee's contract and the absence of evidence of impaired dignity or humiliation. The compensation should be limited to the actual loss of income, namely the bala…

Source excerpt

• Unfair Dismissal
• Inconsistency In Discipline
• Compensation For Unfair Dismissal
• Review Of Arbitration Award
• Fixed Term Contract

African National Congress, Office of the Chief Whip: Free State v Notsi and Others (2072/2024)

African National Congress, Office of the Chief Whip: Free State v Notsi and Others (2072/2024) [2024] ZAFSHC 337 (21 October 2024)

Court

Free State High Court, Bloemfontein

Case number

2072/2024

Judge

P.J. Loubser

The High Court set aside a personal-assistant employment contract as unlawful because no proper recruitment, selection and appointment process was shown.

• Unlawful Employment Contract
• Recruitment And Selection Process
• Fixed Term Contract
• Unfair Dismissal
• Condonation Of Late Filing
• Unlawful-employment-contract

November v Kele Mining Solutions and Others (JR217/23)

November v Kele Mining Solutions and Others (JR217/23) [2024] ZALCJHB 281 (31 July 2024)

Court

Labour Court Johannesburg

Case number

JR 217/23

Judge

Fourie, AJ

The Labour Court found that the CCMA commissioner committed a gross irregularity by refusing to allow the parties to present oral evidence and determining the existence of a dismissal solely on the papers, absent a stated case or agreed facts. The automatic termination clause in the applicant's contract could not, without more, lawfully deprive the applicant of the right to challenge the fairness of the termination. The court held that a multi-faceted inquiry is required to determine whether a dismissal occurred, considering the wording of the contract, the nature of the trigger event, and wh…

Source excerpt

• Automatic Termination Clause
• Unfair Dismissal
• Fixed Term Contract
• Jurisdictional Ruling
• Condonation
• Arbitration Review

Sebego v Premier of the North West Province and Others (241/19)

Sebego v Premier of the North West Province and Others (241/19) [2023] ZANWHC 210 (15 November 2023)

Court

North West High Court, Mafikeng

Case number

241/19

Judge

Reddy

The High Court enforced a redetermination agreement arising from an employment dispute, ordered specific performance, and dismissed the defendants’ counterclaim.

• Specific Performance
• Unlawful Repudiation
• Fixed Term Contract
• Damages
• Employment Agreement
• Counterclaim

Mohamed v Commission for Conciliation, Mediation and Arbitration and Another (JR1889/2020)

Mohamed v Commission for Conciliation, Mediation and Arbitration and Another (JR1889/2020) [2023] ZALCJHB 296 (24 October 2023)

Court

Labour Court Johannesburg

Case number

JR1889/2020

Judge

F.I. Baloyi

The Labour Court refused condonation for a late review application and dismissed the review, finding the delay poorly explained and the review lacked prospects.

• Condonation
• Review Of Arbitration Award
• Fixed Term Contract
• Reasonable Expectation Of Renewal
• Poor Performance
• Expeditious Dispute Resolution

Dingezweni v Member of the Executive Council, Department of Education, Eastern Cape Province and Another (536/2016)

Dingezweni v Member of the Executive Council, Department of Education, Eastern Cape Province and Another (536/2016) [2022] ZAECBHC 26 (27 September 2022)

Court

Eastern Cape High Court, Bhisho

Case number

536/2016

Judge

Dreyer AJ

The court held that a substitute educator remained employed on a fixed-term Department contract and was entitled to the balance of her salary and benefits.

• Fixed Term Contract
• Premature Termination
• Implied Terms
• Jurisdiction Of High Court
• Substitute Educator
• Pecuniary Claim

Phasha v South African Broadcasting Corporation (SOC) Limited and Others In re: Phasha v South African Broadcasting Corporation (SOC) Limited and Others In re: South African Broadcasting Corporation (SOC) Limited v Phasha (J1149/2021; J1/2019; JA36/2020)

Phasha v South African Broadcasting Corporation (SOC) Limited and Others In re: Phasha v South African Broadcasting Corporation (SOC) Limited and Others In re: South African Broadcasting Corporation (SOC) Limited v Phasha (J1149/2021; J1/2019; JA36/2020) [2021] ZALCJHB 341 (4 October 2021)

Court

Labour Court Johannesburg

Case number

J1149/2021

Judge

Tlhotlhalemaje

The court found that the respondents had complied with the Labour Appeal Court order by reinstating the applicant, albeit in a different position due to restructuring. There was no evidence of non-compliance or contempt, as the respondents were not compelled to commence a section 188A inquiry unless they elected to pursue disciplinary action, which they did not. The application for contempt was not urgent, constituted an abuse of process, and was brought solely to prevent the imminent termination of the applicant's fixed term contract, which fell outside the jurisdiction of the court. The app…

Source excerpt

• Contempt Of Court
• Reinstatement
• Fixed Term Contract
• Urgent Application
• Costs Award