South Africa Case Law

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

Naude and Others v Office of Chief Justice and Another (2024/150037)

Naude and Others v Office of Chief Justice and Another (2024/150037) [2025] ZALCD 23 (21 January 2025)

Court

Labour Court Durban

Case number

2024/150037

Judge

Whitcher

The Labour Court granted urgent interim relief to nine Judges’ Secretaries, extending their contracts pending arbitration over non-renewal and reasonable expectation.

• Fixed Term Contracts
• Reasonable Expectation Of Renewal
• Urgent Interim Relief
• Unfair Labour Practice
• Employment Equity
• Jurisdiction Of Labour Court

Naude and Others v Office of the Chief Justice and Another (2024-150037)

Naude and Others v Office of the Chief Justice and Another (2024-150037) [2025] ZALCCT 6 (21 January 2025)

Court

Labour Court Cape Town

Case number

2024-150037

Judge

Whitcher

The Labour Court granted urgent interim relief extending fixed-term contracts pending arbitration, finding strong grounds tied to repeated renewals and reasonable expectation.

• Fixed Term Contracts
• Reasonable Expectation Of Renewal
• Unfair Labour Practice
• Urgent Interim Relief
• Employment Equity
• Jurisdiction

Ekurhuleni Metropolitan Municipality v Williams N.O and Others (JR1552/21; JR1625/21)

Ekurhuleni Metropolitan Municipality v Williams N.O and Others (JR1552/21; JR1625/21) [2024] ZALCJHB 482 (28 November 2024)

Court

Labour Court Johannesburg

Case number

JR1552/21; JR1625/21

Judge

Makhura

The Labour Court set aside an ambiguous arbitration award over a fixed-term contract dispute and sent the unfair dismissal matter back for fresh arbitration.

• Unfair Dismissal
• Fixed Term Contracts
• Condonation
• Arbitration Review
• Reasonable Expectation Of Renewal
• Labour-law

Association of Mineworkers and Construction Workers Union (AMCU) v Commission for Conciliation, Mediation and Arbitration and Others (JR1616/21)

Association of Mineworkers and Construction Workers Union (AMCU) v Commission for Conciliation, Mediation and Arbitration and Others (JR1616/21) [2024] ZALCJHB 526 (17 September 2024)

Court

Labour Court Johannesburg

Case number

JR1616/21

Judge

Phehane

The court found that Mr. Makaringe applied for and accepted a fixed term contract, which was clearly stipulated in both the advertisement and the employment agreement. The evidence did not establish any objective facts supporting a reasonable expectation of renewal for an indefinite period. The alleged promise of permanency was denied by Ms. Singh, and there was no evidence that Mr. Chirove made such a promise or had authority to do so. The applicant did not raise the issue with his union or contest the termination at the time. The arbitrator's acceptance of Ms. Singh's version was reasonable…

Source excerpt

• Fixed Term Contracts
• Reasonable Expectation Of Renewal
• Unfair Dismissal
• Arbitration Review
• Hearsay Evidence

Moolman v Commission For Conciliation, Mediation and Arbitration and Others (JA98/22)

Moolman v Commission For Conciliation, Mediation and Arbitration and Others (JA98/22) [2024] ZALCJHB 339 (22 August 2024)

Court

Labour Court Johannesburg

Case number

JA98/22

Judges

Molahlehi, Nkutha-Nkontwana, Jolwana

The Labour Appeal Court set aside an early review of a CCMA disclosure ruling, holding that the Labour Court should not have intervened in incomplete arbitration.

• Disclosure Of Documents
• Review Of Interlocutory Rulings
• Relevance Of Evidence
• Fixed Term Contracts
• Reasonable Expectation Of Renewal
• Ccma-discovery

Saldanha Bay Municipality v South African Local Government Bargaining Council and Others (C302/2020)

Saldanha Bay Municipality v South African Local Government Bargaining Council and Others (C302/2020) [2024] ZALCCT 9 (31 January 2024)

Court

Labour Court Cape Town

Case number

C302/2020

Judge

Lagrange

The court found that Mouton had a genuine and objectively justifiable expectation that his twelve-month fixed-term contract would be renewed, given the history of renewals and the nature of his appointment being tied to the mayor's term. The municipality's failure to renew the contract or offer renewal on similar terms, coupled with the lack of a fair reason for termination, constituted a deemed dismissal under section 186(1)(b) of the LRA. The arbitrator's award of reinstatement on a twelve-month contract was appropriate to the expectation, but the relief required variation due to the imposs…

Source excerpt

• Fixed Term Contracts
• Reasonable Expectation Of Renewal
• Deemed Dismissal
• Unfair Dismissal
• Condonation
• Variation Of Relief

Mohamed v Commission for Conciliation, Mediation and Arbitration and Another (JR1889/2020)

Mohamed v Commission for Conciliation, Mediation and Arbitration and Another (JR1889/2020) [2023] ZALCJHB 296 (24 October 2023)

Court

Labour Court Johannesburg

Case number

JR1889/2020

Judge

F.I. Baloyi

The Labour Court refused condonation for a late review application and dismissed the review, finding the delay poorly explained and the review lacked prospects.

• Condonation
• Review Of Arbitration Award
• Fixed Term Contract
• Reasonable Expectation Of Renewal
• Poor Performance
• Expeditious Dispute Resolution

Mining Qualifications Authority v CCMA and Others (JR1766/20)

Mining Qualifications Authority v CCMA and Others (JR1766/20) [2023] ZALCJHB 215 (19 January 2023)

Court

Labour Court Johannesburg

Case number

JR1766/20

Judge

GN Moshoana

The Labour Court held that expiry of the fixed-term CFO contract was not a dismissal, so the CCMA had no jurisdiction and the award was set aside.

• Fixed Term Contracts
• Reasonable Expectation Of Renewal
• Jurisdiction Of Ccma
• Unfair Dismissal
• Arbitration Review
• Fixed-term-contracts

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)

Court

Labour Court Johannesburg

Case number

JR1571/18; JR1350/18; JR2890/17

Judge

Swartz AJ

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