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South Africa Case Law

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Labour Law [2025] ZALCJHB 312

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)

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
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Labour Law [2025] ZALCJHB 132

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)

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…

  • Unfair Dismissal
  • Reasonable Expectation
  • Fixed Term Contracts
  • Review Of Arbitration Award
  • Condonation
  • Administrative Action
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Labour Law [2024] ZALCJHB 384

Bithrey v Public Health Ad Social Development Sectoral Bargaining Council and Others (JR1478-22)

Bithrey v Public Health Ad Social Development Sectoral Bargaining Council and Others (JR1478-22) [2024] ZALCJHB 384 (29 September 2024)

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.

  • Unfair Dismissal
  • Fixed Term Contracts
  • Reasonable Expectation
  • Arbitration Review
  • Procedural Fairness
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Labour Law [2024] ZALCCT 34

Quebar Electrical and Civil Engineering v Fortuin and Others (C20/2022)

Quebar Electrical and Civil Engineering v Fortuin and Others (C20/2022) [2024] ZALCCT 34 (12 July 2024)

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.

  • Fixed Term Contracts
  • Unfair Dismissal
  • Reasonable Expectation
  • Compensation For Unfair Dismissal
  • Review Of Arbitration Award
  • Fixed-term-contracts
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Labour Law [2024] ZALAC 51

Cape Peninsula University of Technology v Kabengele and Others (CA22/2022)

Cape Peninsula University of Technology v Kabengele and Others (CA22/2022) [2024] ZALAC 51; (2024) 45 ILJ 1973 (LAC); [2024] 6 BLLR 553 (LAC) (27 March 2024)

The Labour Appeal Court held that Kabengele proved a reasonable expectation of renewal of his fixed-term contract, but not permanent appointment.

  • Fixed Term Contracts
  • Reasonable Expectation
  • Unfair Dismissal
  • Compensation
  • Review Of Arbitration Award
  • Fixed-term-contracts
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Labour Law [2024] ZALCJHB 64

Kula v Commission for Conciliation, Mediation and Arbitration and Others (JR333-22)

Kula v Commission for Conciliation, Mediation and Arbitration and Others (JR333-22) [2024] ZALCJHB 64 (26 January 2024)

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…

  • Fixed Term Contracts
  • Reasonable Expectation
  • Dismissal
  • Review Of Arbitration Award
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Labour Law [2023] ZALCJHB 234

Department of Planning, Monitoring and Evaluation v General Public Service Sectoral Bargaining Council and Others (JR 1811/20)

Department of Planning, Monitoring and Evaluation v General Public Service Sectoral Bargaining Council and Others (JR 1811/20) [2023] ZALCJHB 234 (10 August 2023)

The Labour Court set aside an arbitration award, finding no dismissal or reasonable expectation of renewal after a fixed-term contract expired.

  • Unfair Dismissal
  • Fixed Term Contracts
  • Reasonable Expectation
  • Jurisdiction Of Bargaining Council
  • Condonation Of Late Filing
  • Fixed-term-contracts
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Labour Law [2022] ZALCJHB 94

South African Broadcasting Corporation soc Limited v Shole and Others (JR 2638/19)

South African Broadcasting Corporation soc Limited v Shole and Others (JR 2638/19) [2022] ZALCJHB 94 (5 April 2022)

The Labour Court reviewed and set aside a CCMA award, finding no reasonable expectation of permanent employment and no proven dismissal.

  • Unfair Dismissal
  • Reasonable Expectation
  • Fixed Term Contracts
  • Jurisdiction Of Ccma
  • Review Of Arbitration Award
  • Unfair-dismissal
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Labour Law [2021] ZALAC 57

Gauteng Provincial Legislature v Commission for Conciliation, Mediation and Arbitration and Others (JA87/2020)

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)

The Labour Appeal Court held that senior managers remained on fixed-term contracts, not permanent employment, and set aside the unfair dismissal award.

  • Unfair Dismissal
  • Fixed Term Contracts
  • Reasonable Expectation
  • Tacit Contract
  • Arbitration Review
  • Unfair-dismissal
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Labour Law [2021] ZALCJHB 279

UASA - The Union obo Maribe and Others v Coca Cola Fortune Pty Ltd and Others (JR2439/17)

UASA - The Union obo Maribe and Others v Coca Cola Fortune Pty Ltd and Others (JR2439/17) [2021] ZALCJHB 279; (2021) 42 ILJ 2702 (LC) (31 August 2021)

The Labour Court dismissed a review of a CCMA award, finding the fixed-term contracts were justified and no dismissal occurred when they expired.

  • Fixed Term Contracts
  • Collective Agreements
  • Jurisdiction Of Ccma
  • Reasonable Expectation
  • Unfair Dismissal
  • Review Of Arbitration Award
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.