Gallant v Minister of Defence and Others (A96/2024) [2024] ZAGPPHC 1172 (25 November 2024)
Court
North Gauteng High Court, Pretoria
Case number
A96/2024
Judges
Mnqibisa-Thusi, Collis, Millar
The court found that no binding employment contract was concluded on 29 November 2017, as the letter relied upon by the appellant was not signed by an authorised representative of SANDF and the appellant failed to meet the suspensive conditions, including medical fitness and completion of prescribed Navy courses. The covering letter did not constitute a valid offer capable of acceptance. The argument that the letter amounted to administrative action binding on SANDF was rejected, as no contract came into existence and the facts were distinguishable from Tasima. The appellant's claim that her…
Nyalunga v Municipal Manager: Ehlanzeni District Municipality and Others (J771/24) [2024] ZALCJHB 307 (8 August 2024)
Court
Labour Court Johannesburg
Case number
J771/24
Judge
M Makhura
The Labour Court struck off an urgent employment dispute and counter-application, finding the applicant failed to properly show urgency or a clear right.
Mothata v Tshwane University of Technology and Others (84052/17) [2021] ZAGPPHC 665 (8 October 2021)
Court
North Gauteng High Court, Pretoria
Case number
84052/17
Judge
MNGQIBISA-THUSI
The court found that clause 19 of the applicant's fixed-term employment contract required the first respondent to refer any dispute involving dismissal to independent final and binding arbitration if the applicant did not consent to dismissal. The applicant's participation in the internal disciplinary hearing did not amount to a waiver of his right to arbitration, as there was no unequivocal intention to abandon the right, and the non-variation clause prevented any oral alteration of the procedure. The first respondent breached the contract by dismissing the applicant through an internal disc…
Joni v Kei fresh Produce Market (936/2012) [2018] ZAECMHC 39; (2018) 39 ILJ 2405 (ECM) (14 August 2018)
Court
Eastern Cape High Court, Mthatha
Case number
936/2012
Judge
Dawood
The court found that the employment contract between the parties was for a fixed term but contained clear provisions permitting termination on one calendar month's written notice and for any grounds recognized in law, including operational requirements. The plaintiff failed to demonstrate that the termination was unlawful or that the contract was only terminable upon expiry. The defendant complied with the contractual notice requirements and provided reasons for termination. The interpretation advanced by the plaintiff was not reasonably possible given the express wording of the contract. Acc…
Muir v Golden Lions Rugby Union (JS1108/11) [2017] ZALCJHB 497 (14 December 2017)
Court
Labour Court Johannesburg
Case number
JS1108/11
Judge
Saloojee
The Labour Court dismissed a rugby coach’s claim for payment under a second fixed-term contract, finding he had not proved the permission condition was met.
Nonceba v Human Sciences Research Council (2017/5177) [2017] ZAGPJHC 355 (17 November 2017)
Court
South Gauteng High Court, Johannesburg
Case number
2017/5177
Judge
S.E. Weiner
High Court held that a fixed-term employment contract expressly allowing termination on three months’ notice was validly ended, so no further contractual damages were payable.
Mutepe v National Housing Finance Corporation State Owned Company Limited (2012/47015, 2013/06184, 2013/30024) [2014] ZAGPJHC 331 (21 November 2014)
Court
South Gauteng High Court, Johannesburg
Case number
2012/47015, 2013/06184, 2013/30024
Judge
G Damalis
The High Court dismissed claims for damages, incentive bonuses, and a gratuity after finding no proven three-year employment contract and no accepted gratuity offer.
Air Traffic and Navigation Services Company v Esterhuizen (668/2013) [2014] ZASCA 138 (25 September 2014)
Court
Supreme Court of Appeal
Case number
668/2013
Judges
Lewis, Tshiqi, Theron, Wallis, Fourie
The SCA held that a fixed-term retention agreement barred early resignation, so the employee’s resignation was a breach and the employer could claim the remaining balance.
