SAMWU obo Moreroa and Others v South African Local Government Bargaining Council and Others ; SAMWU obo Ramatshela v South African Local Government Bargaining Council and Others ; City of Tshwane Metropolitan Municipality v SAMWU obo Phasha and Others (JR1571/18; JR1350/18; JR2890/17)
SAMWU obo Moreroa and Others v South African Local Government Bargaining Council and Others ; SAMWU obo Ramatshela v South African Local Government Bargaining Council and Others ; City of Tshwane Metropolitan Municipality v SAMWU obo Phasha and Others (JR1571/18; JR1350/18; JR2890/17) [2022] ZALCJHB 363 (2 December 2022)
The court found that all employees were initially employed on fixed term contracts for the EPWP, a temporary public works programme. The contracts expressly provided for termination upon project completion. The evidence, including payslips referencing EPWP and the legislative framework, indicated that the employment was always intended to be temporary. The employees failed to establish a reasonable expectation of renewal or permanent employment, either objectively or subjectively. No lawful representations were made by competent decision-makers to induce such expectation. The Municipal System…
Source excerpt
- Fixed Term Contracts
- Reasonable Expectation Of Renewal
- Expanded Public Works Programme
- Municipal Systems Act Compliance
- Jurisdiction Of Bargaining Council