South Africa Case Law

Bright Idea Projects 66 (Pty) Ltd t/a All Fuels v Former Way Trade and Invest (Pty) Ltd t/a Premier Service Station (283/18P)

Bright Idea Projects 66 (Pty) Ltd t/a All Fuels v Former Way Trade and Invest (Pty) Ltd t/a Premier Service Station (283/18P) [2018] ZAKZPHC 29; 2018 (6) SA 86 (KZP) (10 July 2018)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

283/18P

Judge

D. Pillay

The court found that the respondent failed to prove the existence of a renewal franchise agreement, as negotiations did not result in a concluded contract and the respondent did not pay the required brand fee. The referral to arbitration under section 12B of the Petroleum Products Act did not suspend the eviction proceedings, as the terms of reference for arbitration did not include the right of occupation or renewal of the franchise. The arbitration process is parallel and does not affect the applicant's right to restoration of ownership. The respondent's reliance on the Consumer Protection…

Source excerpt

• Ejectment
• Franchise Agreement
• Arbitration Under Petroleum Products Act
• Stay Of Proceedings
• Renewal Of Contract
• Costs Award

King Sabata Dalindyebo Municipality v Commission for Conciliation Mediation and Arbitration and Others (P437/03)

King Sabata Dalindyebo Municipality v Commission for Conciliation Mediation and Arbitration and Others (P437/03) [2005] ZALC 47; (2005) 26 ILJ 474 (LC); [2005] 7 BLLR 696 (LC) (1 February 2005)

Court

Labour Court

Case number

P437/03

Judge

Farber

The court found that the repeated renewal of the employees' fixed term contracts, the ongoing need for their services, and the availability of funds created a reasonable expectation of renewal. The employer failed to consult the employees before deciding not to renew their contracts and did not provide a fair reason for the non-renewal. The decision to rotate employment among other unemployed persons, while the employees themselves became unemployed, was deemed unfair. The arbitration award ordering reinstatement and compensation was justified by the evidence, and the review application was d…

Source excerpt

• Fixed Term Contracts
• Unfair Dismissal
• Reasonable Expectation
• Renewal Of Contract
• Remedies For Unfair Dismissal

Dierks v University of South Africa (J399/98)

Dierks v University of South Africa (J399/98) [1998] ZALC 126 (14 December 1998)

Court

Labour Court

Case number

J399/98

Judge

Oosthuizen AJ

The Labour Court dismissed a claim that a fixed-term employee at UNISA had a reasonable expectation of renewal or permanent appointment.

• Fixed Term Contracts
• Reasonable Expectation
• Unfair Dismissal
• Renewal Of Contract
• Operational Requirements
• Fixed-term-contracts