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…
Bithrey v Public Health Ad Social Development Sectoral Bargaining Council and Others (JR1478-22) [2024] ZALCJHB 384 (29 September 2024)
Court
Labour Court Johannesburg
Case number
JR1478/22
Judge
S Maluleke
The court found that the applicant's appointment letter, the established norm of five-year registrar appointments, and the absence of an end date created a legitimate expectation of employment for five years. The third respondent's unilateral termination after four years, without contractual or statutory authority, constituted a dismissal. The arbitration award failed to consider the contractual ambiguity and the legitimate expectation created by the employer's conduct. The dismissal was both procedurally and substantively unfair, and the applicant was entitled to compensation.
Quebar Electrical and Civil Engineering v Fortuin and Others (C20/2022) [2024] ZALCCT 34 (12 July 2024)
Court
Labour Court Cape Town
Case number
C20/2022
Judge
C de Kock
The Labour Court reviewed a CCMA award on fixed-term contracts, found the employees were dismissed when their contracts were prematurely terminated, and reduced compensation to one month each.
Kula v Commission for Conciliation, Mediation and Arbitration and Others (JR333-22) [2024] ZALCJHB 64 (26 January 2024)
Court
Labour Court Johannesburg
Case number
JR333/22
Judge
M T M Phehane
The court found that the applicant failed to establish a legitimate expectation that his fixed term contract would be renewed. The second respondent's decision was reasonable, based on objective facts, including a written communication from the third respondent's CEO a year before termination, which extinguished any reasonable expectation of renewal. The applicant's reliance on selected extracts from the arbitration award was rejected, as the totality of evidence did not support his claim. The document relied upon to create a legitimate expectation was improperly obtained, and the applicant d…
Department of Planning, Monitoring and Evaluation v General Public Service Sectoral Bargaining Council and Others (JR 1811/20) [2023] ZALCJHB 234 (10 August 2023)
Court
Labour Court Johannesburg
Case number
JR 1811/20
Judge
Tlhotlhalemaje
The Labour Court set aside an arbitration award, finding no dismissal or reasonable expectation of renewal after a fixed-term contract expired.
Gauteng Provincial Legislature v Commission for Conciliation, Mediation and Arbitration and Others (JA87/2020) [2021] ZALAC 57; (2022) 43 ILJ 616 (LAC) (25 November 2021)
Court
Labour Appeal Court
Case number
JA87/2020
Judges
Waglay, Jappie, Coppin
The Labour Appeal Court held that senior managers remained on fixed-term contracts, not permanent employment, and set aside the unfair dismissal award.