South Africa Case Law

Transport and Retail Allied Workers Union and Others v Grinding Media South Africa (Pty) Ltd (JR2481/2022)

Transport and Retail Allied Workers Union and Others v Grinding Media South Africa (Pty) Ltd (JR2481/2022) [2025] ZALCJHB 340 (8 August 2025)

Court

Labour Court Johannesburg

Case number

JR2481/2022

Judge

Anestidis

The court found that the applicants failed to establish both a subjective and objectively reasonable expectation of renewal of their fixed-term contracts. The contracts expressly stated their limited duration and excluded any expectation of renewal. The repeated extensions and delays did not, in themselves, create a legitimate expectation of indefinite renewal, especially given the short duration of the contracts and the clear communication regarding their temporary nature. The applicants' own evidence did not support a genuine or reasonable expectation of renewal. The arbitration award was c…

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• Fixed Term Contracts
• Legitimate Expectation
• Unfair Dismissal
• Review Of Arbitration Award

Maphosa v New Model Private College and Others (JR1731/21)

Maphosa v New Model Private College and Others (JR1731/21) [2025] ZALCJHB 302 (21 July 2025)

Court

Labour Court Johannesburg

Case number

JR1731/21

Judge

Myburgh

The Labour Court granted condonation to both parties and leave to appeal, finding the applicants had reasonable prospects on a section 198B Labour Relations Act issue.

• Leave To Appeal
• Condonation
• Fixed Term Contracts
• Section 198b Lra
• Introduction Of New Evidence
• Leave-to-appeal

Mokoena v West Rand District Municipality and Others (J599/22)

Mokoena v West Rand District Municipality and Others (J599/22) [2025] ZALCJHB 320 (8 July 2025)

Court

Labour Court Johannesburg

Case number

J599/22

Judge

M Makhura

The court held that the 60-day period in section 57(2)(a)(i) of the Municipal Systems Act refers to working days, not calendar days, and excludes weekends and public holidays. The applicant was required to work Monday to Friday, and there was no agreement to work on public holidays. Counting 60 working days from 1 December 2016, the last day for signing the performance agreement was 28 February 2017. The applicant signed the agreement on 27 February 2017, within the prescribed period. Therefore, the jurisdictional requirements for the contract to lapse were not met, and the respondent's relia…

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• Fixed Term Contracts
• Unlawful Dismissal
• Interpretation Of Statutes
• Performance Agreements
• Audi Alteram Partem
• Remuneration Claim

Tshwane University of Technology v Naidoo and Others (JR516/23)

Tshwane University of Technology v Naidoo and Others (JR516/23) [2025] ZALCJHB 312 (7 July 2025)

Court

Labour Court Johannesburg

Case number

JR516/23

Judge

MH Mhambi

Labour Court review of a CCMA award concerning non-renewal of a fixed-term contract and alleged dismissal under section 186(1)(b) of the LRA.

• Fixed Term Contracts
• Reasonable Expectation
• Unfair Dismissal
• Jurisdiction Of Ccma
• Review Standard
• Interpretation Of Contract

SAMWU obo Moloisane v City of Tshwane Local Municipality and Others (JR 850/2019)

SAMWU obo Moloisane v City of Tshwane Local Municipality and Others (JR 850/2019) [2025] ZALCJHB 215 (10 June 2025)

Court

Labour Court Johannesburg

Case number

JR 850/2019

Judge

R Lagrange

The Labour Court upheld compensation instead of reinstatement for dismissed community health workers, finding permanent reinstatement was not reasonably practicable.

• Unfair Dismissal
• Reinstatement
• Fixed Term Contracts
• Compensation
• Labour Court Practice Manual
• Section 193 Lra

Nkosi v Minister of Water and Sanitation and Another (J802/2022)

Nkosi v Minister of Water and Sanitation and Another (J802/2022) [2025] ZALCJHB 152 (25 April 2025)

Court

Labour Court Johannesburg

Case number

J802/2022

Judge

Molotsi

The court found that the applicant's contract was terminated based on a settlement agreement that was prima facie unlawful and resulted in unjustified financial benefit to the applicant, contrary to the CCMA arbitration award and public service regulations. The Director-General's termination was not supported by proper authority, but the court declined to exercise its discretion to grant a declaratory order due to the irregular and unlawful nature of the underlying agreement and the squandering of public funds. Furthermore, the Labour Court lacks jurisdiction under the LRA to declare a termin…

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• Unlawful Termination
• Fixed Term Contracts
• Settlement Agreement
• Public Service Regulations
• Jurisdiction Of Labour Court

Solutions Group Events v Naude (JR809/24)

Solutions Group Events v Naude (JR809/24) [2025] ZALCJHB 144 (8 April 2025)

Court

Labour Court Johannesburg

Case number

JR809/24

Judge

Mkwibiso

The Commissioner committed a material procedural irregularity by ruling that a dismissal had been established solely on the employee's allegation, despite a genuine dispute over whether the termination constituted a dismissal or the expiry of a fixed-term contract. Section 192 of the Labour Relations Act requires the employee to establish the existence of dismissal before the employer is called upon to justify its fairness. The Commissioner’s misallocation of the duty to begin, in breach of statutory requirements and established case law, rendered the arbitration award reviewable. The award w…

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• Onus In Dismissal Disputes
• Fixed Term Contracts
• Unfair Dismissal
• Review Of Arbitration Award

South African National Defence Union and Others v Chief of the South African National Defence Force and Others (Leave to Appeal) (46769/2020)

South African National Defence Union and Others v Chief of the South African National Defence Force and Others (Leave to Appeal) (46769/2020) [2025] ZAGPPHC 347 (28 March 2025)

Court

North Gauteng High Court, Pretoria

Case number

46769/2020

Judge

Terblanche AJ

The court found that the applicants' fixed-term CSS contracts were not automatically extended by virtue of the reinstatement order or the Defence Force's policy. The contracts had expired prior to the relevant judgment, and the absence of a formal application for non-renewal did not result in automatic extension. The dictum in Xulu relied upon by the applicants was not part of the ratio decidendi and did not support their case. The court held that there was no reasonable prospect of success on appeal, nor any compelling reason to grant leave. The applicants misconceived their remedy, which sh…

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• Fixed Term Contracts
• Automatic Renewal
• Administrative Action
• Leave To Appeal
• Costs Orders

Government Printing Works v General Public Service Sector Bargaining Council and Others (JR849/21)

Government Printing Works v General Public Service Sector Bargaining Council and Others (JR849/21) [2025] ZALCJHB 132 (25 March 2025)

Court

Labour Court Johannesburg

Case number

JR849/21

Judge

Daniels

The commissioner’s arbitration award was unreasonable and based on irrelevant considerations. The evidence did not support the existence of a reasonable expectation of renewal or permanent employment for the third respondent’s members. The applicant’s operational reasons for the fixed term contracts were fully explained and justified. The employment letters expressly excluded any expectation of permanent employment. The minutes of the Chamber meetings did not record any agreement for permanent employment, and the evidence of such an agreement was unsatisfactory and unsubstantiated. Section 19…

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• Unfair Dismissal
• Reasonable Expectation
• Fixed Term Contracts
• Review Of Arbitration Award
• Condonation
• Administrative Action

New Model Private College v Commission for Conciliation, Mediation and Arbitration and Others (JR1731/21)

New Model Private College v Commission for Conciliation, Mediation and Arbitration and Others (JR1731/21) [2025] ZALCJHB 94 (3 March 2025)

Court

Labour Court Johannesburg

Case number

JR1731/21

Judge

Myburgh

The Labour Court set aside a CCMA award on unfair suspension, holding that expired fixed-term contracts did not make the educators still employees.

• Unfair Suspension
• Fixed Term Contracts
• Reasonable Expectation Of Renewal
• Arbitration Review
• Section 186 Lra
• Unfair-suspension